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Shades of Knife

True Colors of a Vile Wife

Tag: Is Not Relative Of Husband

Sukhamay Mondal Vs The State Of West Bengal on 6 August, 2018

Posted on November 26, 2018 by ShadesOfKnife

Hon’ble High Court of Calcutta has gladly set aside the Rejection of Discharge petition under 239 CrPC and discharged accused other than husband.

Sukhamay Mondal Vs The State Of West Bengal on 6 August, 2018

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged CrPC 239 - Discharge Rejection is Set Aside Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Is Not Relative Of Husband Sukhamay Mondal Vs The State Of West Bengal | Leave a comment

Ashish Dixit and Ors Vs State of U.P. and Anr on 7 January, 2013

Posted on October 15, 2018 by ShadesOfKnife

Nice judgment from Apex Court in quashing the false DVC on relatives of husband.

Ashish Dixit & Ors Vs State Of U.P. & Anr on 7 January, 2013

Citations: [2013 AIR SC 1077], [2013 ALJ 2 231], [2013 BOMCR CRI 1 626], [2013 CRI LJ 1178], [2013 CRIMES SC 1 216], [2013 KHC 1 358], [2013 RCR CIVIL 2 410], [2013 RCR CRIMINAL 2 340], [2013 SCC 4 176], [2013 AIR SC 776], [2013 CRLJ 1178], [[2013 CCR 1 452], [2013 SLT 1 545], [2013 SCC CR 2 337], [2013 BCR CRI 1 626], [2013 RAJ 2 318], [2013 RCR CRI 2 340], [2013 AICLR 1 713], [2013 ALLLJ 2 231], [2013 HINDULR 1 192]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/5609af2de4b0149711415bbc


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Ashish Dixit and Ors Vs State Of U.P. and Anr Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Is Not Relative Of Husband Landmark Case PWDV Act - DV Case Quashed Sandeep Pamarati Work-In-Progress Article | Leave a comment

Twinkleben Umeshbhai Patel Vs State Of Gujarat on 4 May, 2018

Posted on September 17, 2018 by ShadesOfKnife

One good judgment from High Court of Gujarat which held that woman who allegedly has a illicit relationship with the husband of a knife is not a relative of husband in the context of 498A IPC

 

Twinkleben Umeshbhai Patel Vs State Of Gujarat on 4 May, 2018

A precedent is available here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Is Not Relative Of Husband Twinkleben Umeshbhai Patel Vs State Of Gujarat | Leave a comment

Rajeti Laxmi Vs State Of Andhra Pradesh on 12 July, 2006

Posted on September 17, 2018 by ShadesOfKnife

One good judgment from High Court of Andhra Pradesh which held that woman who allegedly has a illicit relationship with the husband of a knife is not a relative of husband in the context of 498A IPC

 

Rajeti Laxmi Vs State Of Andhra Pradesh on 12 July, 2006
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Is Not Relative Of Husband Rajeti Laxmi Vs State Of Andhra Pradesh | Leave a comment

Petitioner Vs State of Kerala on 19 January 2015

Posted on July 25, 2018 by ShadesOfKnife

In this case, the knife alleged illicit relationship between the 1st accused and the petitioner herein.

Update: Since there is personal information displayed in the judgment, with due respect to and on request of the parties involved, the address particulars are removed in the below PDF.

Further Update as on 22-08-2020:

Upon further request received on Whatsapp and on call, I decided to oblige the caller and her husband, to remove the name of the petitioner also from the title, tag and pdf judgment.

Petitioner Vs State of Kerala on 19 January 2015 - further redacted

Citations: [2015 SCC ONLINE KER 2315]

Other Source links: https://indiankanoon.org/doc/29927975/ or https://www.casemine.com/judgement/in/5ac5e3c04a93261a672b6712


 

Posted in High Court of Kerala Judgment or Order or Notification | Tagged CrPC 482 - Quash Is Not Relative Of Husband Petitioner Vs State Of Kerala Redacted Post | Leave a comment

Sunita Jha Vs State Of Jharkhand & Anr on 13 September, 2010

Posted on July 25, 2018 by ShadesOfKnife

Again this judgment from Hon’ble Supreme Court held that a woman living with a married man, can not be called his relative, for the purpose of IPC 498Aa and hence charge of harassment can not be laid on her by knife.

 

Sunita Jha Vs State Of Jharkhand & Anr on 13 September, 2010
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Is Not Relative Of Husband Sunita Jha Vs State Of Jharkhand and Anr | Leave a comment

Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016

Posted on July 25, 2018 by ShadesOfKnife

Curious point in this judgment of Hon’ble High Court of Andhra Pradesh, is that

It is true by virtue of marriage between A1 and complainant, the relatives of one side became relatives of both sides in a general sense. However, for the strict construction of penal provision under Section 498A, A6 who was the relative of the complainant, cannot be said to be the relative of the husband of the complainant i.e.A1. For this reason and also for the reason that no allegations of cruelty falling within the meaning of Section 498A IPC and the allegations touching other offences are made against A6, she deserves quashment of the proceedings.

Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Is Not Relative Of Husband Shaik Riayazun Bee Vs The State Of A.P. | Leave a comment

Deepika Tiwary Vs State Of Jharkhand on 6 January, 2015

Posted on July 24, 2018 by ShadesOfKnife

Based on U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009, Hon’ble High Court of Ranchi has held that

since the status of the petitioner does not come within the definition of ‘relative’ as envisaged u/s 498A I.P.C., she cannot be proceeded against for the offences committed under the said section.

Moreover,

So far as the Section 323/ 406 I.P.C. is concerned, allegations have been specifically levelled against other accused persons and in that context also the complaint petition does not reveal any offence so as to prosecute the petitioner in this present criminal case.

 

Deepika Tiwary Vs State Of Jharkhand on 6 January, 2015
Posted in High Court of Ranchi Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 – Criminal Proceeding Quashed Deepika Tiwary Vs State Of Jharkhand Is Not Relative Of Husband | Leave a comment

State Of Punjab Vs Gurmit Singh on 2 July, 2014

Posted on July 24, 2018 by ShadesOfKnife

Hon’ble Apex Court held that a person who is not a relative of husband, like in this case, Gurmit is the brother of his aunt (chachi), may not be prosecuted for offence under Section 304B IPC but this does not mean that such a person cannot be prosecuted for any other offence viz. Section 306 IPC, in case the allegations constitute offence other than Section 304B IPC.

 

State Of Punjab Vs Gurmit Singh on 2 July, 2014
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Is Not Relative Of Husband State Of Punjab Vs Gurmit Singh | Leave a comment

Asha Devi & Ors. Vs The State Of Bihar & Anr. on 24 July, 2012

Posted on July 24, 2018 by ShadesOfKnife

Hon’ble High Court of Patna held that there is no material against the petitioner to prosecute under 498A/34, 379/34, 494 IPC and 3 of the D.P.Act, hence all proceedings are quashed.

Asha Devi & Ors. Vs The State Of Bihar & Anr. on 24 July, 2012

 

Posted in High Court of Patna Judgment or Order or Notification | Tagged Asha Devi and Ors. Vs The State Of Bihar and Anr CrPC 482 – Criminal Proceeding Quashed Is Not Relative Of Husband | Leave a comment

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