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True Colors of a Vile Wife

Tag: Acquitted in IPC 498A

P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023

Posted on March 2, 2023 by ShadesOfKnife

A division bench of Apex Court relying on landmark 3-judge bench decision here, held as follows,

From Para 5,

5. Mr. S.Nagamuthu, learned senior counsel for the appellants submits that the marriage between the parties has been held to be null and void by the judgment of the High Court of Madras, Madurai Bench by order dated 25.02.2021. He therefore submits that in view of the judgment of this Court in the case of Shivcharan Lal Verma v. State of Madhya Pradesh reported in (2007) 15 SCC 369, the conviction under Section 498-A IPC would not be sustainable.

From Para 7,

7. Undisputedly, the marriage between the appellant No.1 and PW-1 has been found to be null and void. As such the conviction under Section 498-A IPC would not be sustainable in view of the judgment of this Court in the case Shivcharan Lal Verma’s case supra. So far as the conviction under Sections 3 and 4 of the Dowry Prohibition Act is concerned, the learned trial Judge by an elaborate reasoning, arrived at after appreciation of evidence, has found that the prosecution has failed to prove the case beyond reasonable doubt. In an appeal/revision, the High court could have set aside the order of acquittal only if the findings as recorded by the trial Court were perverse or impossible.

P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023

Citations :

Other Sources:


Index of Quash judgements is here and HMA Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Acquitted in IPC 498A IPC 498a - Conviction Not Sustainable due to Null and Void Marriage IPC 498A and 3 and 4 DP Act Combo Alleged P Sivakumar and 2 Ors Vs State of Tamil Nadu | Leave a comment

State of AP Vs Pantla Krishna Murthy and Anr on 16 Dec 2022

Posted on January 15, 2023 by ShadesOfKnife

A Judicial Magistrate at Vizianagaram passed this Order. Very valid points raised while not finding the accused guilty of the allegations made in the false criminal case.

From Para 23, regarding Dowry givers’ role

Section 3 of Dowry prohibition Act clearly defines the offence as whoever gives or takes Dowry comes under clutches of the Law and punishable. If A1 and A2 were held for demanding Dowry why PW2 father of the PW1 who is also police official well aware of Law has given the Dowry and not taken action against A1 and A2. Instead he alleges he has paid 15,00,000/dowry to A1 and A2. PW2 also comes under the purview of Law and he is also liable for punishment. Here another notion would be taken if it is treated as present made to A1 at the time of marriage which is exemption to this section of law. But the presentations were to be listed and signed by either parties as per mandate of law. That is also not the case here.

Regarding Dowry Allegations:

Prosecution has produced bank statement of A1 dated 7/6/2010 to show his account was deposited by the amounts of Rs 9,66,000/- and Rs 2,00,000/- and got it exhibited through bank manger to prove the amount of Rs 15,00,000/- was given to accused by PW2 before day of the marriage. Here prosecution has not lead any evidence how PW2 paid such huge amount. Whether he obtained loan or he paid from his savings. There might be some document to prove how he raised such huge amount to present the dowry. In the absence of such evidence ExP3 cannot be relied upon. A1 is working in Railway in respectable job and has opportunity to raise such amount even to spent for his marriage expenses. There cannot be a conclusive theory that the entire marriage expenses from both sides would be taken care of the parents of bride. if such is the case they have to produce reliable evidence. The court arrived at the conclusion that whatever the things presented at the time of marriage of PW1 is only presentation though prosecution witnesses has stated that at the time of marriage of PW1 dowry and gold was give to accused. Because if there is demand from accused, PW2 being police official might have initiated action against Accused. PW2 considered at the time of marriage as presentation and presented it without taking action and when marriage tie was strained with misunderstanding between A1 and PW1 and then PW1 and PW2 cannot take stand of dowry subsequently in the year 2016 when marriage took place in the year 2010.

State of AP Vs Pantla Krishna Murthy and Anr on 16 Dec 2022
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A IPC 498A - Cruelty Not Proved State of AP Vs Pantla Krishna Murthy and Anr | Leave a comment

Rohtash Vs State of Haryana on 22 May 2012

Posted on September 24, 2020 by ShadesOfKnife

This case emphasizes the importance of examination of material witnesses in proving the allegations of Demand for Dowry, the lack of which results in Acquittal of accused persons.

Rohtash Vs State of Haryana on 22 May 2012

Citations: [2012 ACR 3002], [2012 AIR SC 2297], [2012 ALD CRI 2 340], [2012 JLJR 4 97], [2012 NCC 2 308], [2012 RCR CRIMINAL 5 799], [2012 RLW SC 4 3745], [2012 SCALE 5 578], [2012 SCC 6 589], [2012 UC 2 1310], [2012 SCC CRI 3 287], [2012 SCC ONLINE SC 457], [2012 AIC 115 87], [2012 GUJLR 3 2199], [2012 CUTLT 114 1107], [2013 SCJ 4 636], [2012 SLT 7 1], [2012 AIOL 239], [2012 AIR SC 3318], [2012 CRIMES SC 2 324], [2012 CRLJ SC 3189], [2012 JT 5 451], [2012 SUPREME 4 88], [2012 KCCR SN 4 228], [2012 DMC 3 323], [2012 DLT CRI 3 6], [2012 MAHLJ CRI 4 97], [2012 CUT LT 114 1107], [2012 GUJ LR 3 2199], [2012 AIR SCW 3318], [2012 RCR CRIMINAL SC 4 539]

Other Sources:

https://indiankanoon.org/doc/146360566/

https://www.casemine.com/judgement/in/5609af20e4b0149711415aff

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Acquitted in IPC 498A Non Production of Material Witness Reportable Judgement or Order Rohtash Vs State of Haryana | Leave a comment

State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018

Posted on April 2, 2020 by ShadesOfKnife

Smt. S.D. Javalgekar, Judicial Magistrate First Class (Court No.5) Sangli delivered this judgment.

Para 23,

23. From the above discussion, it becomes clear that, the prosecution has failed to prove the allegations against the accused beyond reasonable  doubts. Though in such offences special weightage should be given to the version of the complainant, it should also be corroborated by other supportive evidence. In absence of such evidence vague allegations of the complainant cannot be taken as true. There are many instances in society wherein females of mischievous nature spoil the family peace by making false allegations and by unnecessarily involving innocent persons in the offence. From the discussion above, I find no substance in the various allegations of the complainant. Hence, I hold that accused persons are innocent and not liable for the offences punishable under Section 498A, 323, 504 and 506 of the Indian Penal Code.

State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018

Citations:

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A IPC 323 - Not Made Out IPC 498a - Not Made Out IPC 504 - Not Made Out IPC 506 - Not Made Out Legal Terrorism State of Maharashtra Vs Rahul Ramchandra Khedkar | Leave a comment

State of AP Vs Pinninti Appalareddi on 27 February 2020

Posted on March 14, 2020 by ShadesOfKnife

 

State of AP Vs Pinninti Appalareddi on 27 February 2020

Citations: [

Other Source links:


 

Posted in Vizag Series | Tagged Acquitted in IPC 498A CrPC 239 - Discharged IPC 498A - Cruelty Not Proved IPC 498a - Not Made Out Against Parents or Relatives State of AP Vs Pinninti Appalareddi Work-In-Progress Article | Leave a comment

Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019

Posted on December 9, 2019 by ShadesOfKnife

Apex Court has held that after acquittal from IPC 498A case, husband can file for divorce under the ground of Cruelty.

Telangana High Court said that,

14…..

Merely because the respondent has sought for maintenance or has filed a complaint against the petitioner for the offence punishable under Section 498-A of IPC, they cannot be said to be valid grounds for holding that such a recourse adopted by the respondent amounts to cruelty.”

The Supreme Court disapproved of this view.

The above observation of the High Court cannot be approved. It is true that it is open for anyone to file complaint or lodge prosecution for redressal for his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband. As per pleadings before us, after parties having been married on 14.08.2005, they lived together only 18 months and thereafter they are separately living for more than a decade now.

Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019

Citations : [2019 SCC ONLINE SC 1595], [2019 (6) CTC 587]

Other Sources:

https://indiankanoon.org/doc/60266171/

https://www.casemine.com/judgement/in/5e01d7a18ef1524a1e205ef8


The High Court of Telangana decision that got set aside is here.


Index of all Domestic Violence Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 498A Case Dismissed Earlier Acquitted in IPC 498A Divorce granted on Cruelty ground HM Act 13 - Divorce HM Act 13 - Divorce Granted to Husband HM Act 13 - Divorce Granted to Husband on Acquittal from IPC 498A case IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Rani Narasimha Sastry Vs Rani Suneela Rani Sandeep Pamarati Sensational Or Peculiar Cases

Eesampalli Srinivas Vs The State of Andhra Pradesh on 2 December, 2017

Posted on July 21, 2018 by ShadesOfKnife

This judgment from Hon’ble High Court of Andhra Pradesh confirms the conviction and sentence imposed by the trial Court in a IPC 302 case which also had IPC 498A and 34.

Interesting element in this case is, apart from the accused’s own plea of guilty while charges were read over to and being filed against him, it was his 9 year old daughter’s eye witness statement, which got him convicted.

 

Eesampalli Srinivas Vs The State of Andhra Pradesh on 2 December, 2017
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Acquitted in IPC 498A Convicted Under IPC 302 Eesampalli Srinivas Vs The State of Andhra Pradesh | Leave a comment

The State of Maharashtra Vs Abdul Karim Abdul Kadar on 12 December, 2015

Posted on July 19, 2018 by ShadesOfKnife

This Criminal Appeal is dismissed by Hon’ble High Court of Bombay as the that allegations levelled by the complainant are not contemplated in the definition of section 498 (A) of Indian Penal Code.

The allegation made by the knife?

that the husband did not give funds to meet the daily expenses.

The State of Maharashtra Vs Abdul Karim Abdul Kadar on 12 December, 2015
Posted in High Court of Bombay Judgment or Order or Notification | Tagged Acquitted in IPC 498A The State of Maharashtra Vs Abdul Karim Abdul Kadar | Leave a comment

Sub-Inspector of Police Vs Velpula Venkata Rao on 11 July, 2017

Posted on July 9, 2018 by ShadesOfKnife

Here is the acquittal judgment related to this DVC here.

 

Sub-Inspector of Police Vs Velpula Venkata Rao on 11 July, 2017
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A Sub-Inspector of Police Vs Velpula Venkata Rao | Leave a comment

Velpula Kalyani Vs Velpula Venkata Rao on 4 December, 2017

Posted on July 9, 2018 by ShadesOfKnife

It seems, the burden of proof is pushed onto the husband who has to prove that he didn’t commit DV. This is the essence of this judgment.

Note: The husband was acquitted in the IPC 498A case filed by Knife. Here is the judgment.

 

Velpula Kalyani Vs Velpula Venkata Rao on 4 December, 2017

 

Posted in Prakasam DV Cases | Tagged Acquitted in IPC 498A Baseless or Convoluted Judgment PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Denied Velpula Kalyani Vs Velpula Venkata Rao | Leave a comment

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