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True Colors of a Vile Wife

Tag: CrPC 482 – Criminal Proceeding Quashed

Tammineedi Bhaskara Rao & Others Vs State of A.P. rep., by Public Prosecutor & Others on 18 November, 2006

Posted on September 16, 2018 by ShadesOfKnife

In this quash judgment, hon’ble High Court of AP has held that

Learned Counsel would submit that the specific allegations made in the complaint, against the petitioners herein, relate to the demand of dowry attracting the ingredients of Sections 3 and 4 of the Dowry Prohibition Act. Learned Counsel would refer to Rule 10, of the A.P. Dowry Prohibition Rules, to contend that since the allegation of demand of dowry against respondents 2 to 4 are at the time of the marriage which, even according to the complaint, took place in December 1996 and as the complaint was filed eight years thereafter in December 2004, it was barred by limitation.

And the Shri Ramesh Ranganathan J (as his Lorship was called then) held that,

There is considerable force in the submission of Sri K. Jagdishchandra Prasad, learned Counsel for the petitioner that, since Rule 10 of the A.P. Dowry Prohibition Rules prescribes a limitation of one year, the complaint filed eight years after the marriage is barred by limitation. Rule 10 of the A.P. Dowry Prohibition Rules, 1998 provides that any offence under Section 3 and 4 shall be filed before expiry of one year.

Tammineedi Bhaskara Rao & Others vs State of A.P. rep., by Public Prosecutor & Others on 18 November, 2006

Shri Ramesh Rangarajan is the ‘Longest serving Acting CHief Justice of AP High Court. Read article here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 482 – Criminal Proceeding Quashed Protection of Women from Domestic Violence Act 2005 Rules of the Act/Ordinance/Notification/Circular Tammineedi Bhaskara Rao and Others Vs State of A.P. rep. by Public Prosecutor and Others | Leave a comment

Kailash Chandra Agrawal & Anr Vs State Of U.P.& Ors on 16 September, 2014

Posted on August 28, 2018 by ShadesOfKnife

In this quash judgment under CrPC 482 from Hon’ble Supreme Court, the main contention of IPC 406 was not even entertained on the distant relative of husband.

 

Kailash Chandra Agrawal & Anr Vs State Of U.P.& Ors on 16 September, 2014
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 – Criminal Proceeding Quashed IPC 406 - Not Made Out Kailash Chandra Agrawal and Anr Vs State Of U.P. and Ors | Leave a comment

D.Gowthaman Babu Vs State of Tamilnadu on 2 January, 2018

Posted on August 2, 2018 by ShadesOfKnife

Hon’ble High Court of Madras has rightly held that,

From Para 10,

Admittedly in the case on hand, the 1st respondent police failed to refer the matter to the concerned District Social Welfare Officer and get a report as to whether any dowry harassment is made by the petitioners. In the absence of the adherence to such Mandatory procedures, offences of Section 4 and 6 of Dowry Prohibition Act cannot be imputed.

D.Gowthaman Babu Vs State By on 2 January, 2018

 

Posted in High Court of Madras 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 Abuse Or Misuse of Process of Court CrPC 482 – Criminal Proceeding Quashed CrPC 482 – IPC 498A Quashed D.Gowthaman Babu Vs State of Tamilnadu Delay or Unexplained Delay In Filing Complaint | 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

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

Movva Raja Ram Vs State Of A.P. on 18 June, 2013

Posted on July 24, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh has quashed the proceedings under IPC 498A, just because husband didn’t respond while he was on his personal tour, the knife alleged illicit relationship to her husband. And the Court rightly dust-binned the case as illicit relationship does not attract IPC 498A provisions, even if taken to be true.

 

Movva Raja Ram Vs State Of A.P. on 18 June, 2013
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 – Criminal Proceeding Quashed IPC 498a - Not Made Out Movva Raja Ram Vs State Of A.P. | Leave a comment

Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015

Posted on July 24, 2018 by ShadesOfKnife

Hon’ble High Court of Rajasthan, has quashed the order of taking cognizance in 498A case and also the FIR. Very good and reasoned judgment.

 

Both husband and knife file separate divorce petitions one after another and then filed MCD too, which got allowed.

 

Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts CrPC 482 - Quash CrPC 482 – Criminal Proceeding Quashed Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No. Same Allegations in IPC 498A and Divorce Sandeep Pamarati | Leave a comment

Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014

Posted on July 23, 2018 by ShadesOfKnife

Hon’ble High Court of Gujarat in this wonderful judgment, held that

it could not be said that the petitioner who is alleged to have been having an extramarital affair with the husband of the first informant since 2011, would fall within the ambit of “Relative”. Let me assume for the moment that the husband of the first informant has got married with the petitioner in February, 2014. Primafacie, the marriage is invalid. The first marriage is still in subsistence. In such circumstances, the offence under Section 498A could not be said to have been committed.

And, also IPC 494 not applicable on woman,

Section 494 cannot be made applicable against the petitioner because Section 494 is an offence committed by the husband. If a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The husband is sought to be prosecuted for the offence under Section 494 of the IPC. The same cannot be made applicable so far as the petitioner before me is concerned.

Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014
Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Babita Sumanprakash Soni Vs State Of Gujarat CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Criminal Proceeding Quashed IPC 494 - Not Made Out Against Woman IPC 498a - Not Made Out Is Not Relative Of Husband | Leave a comment

Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017

Posted on July 19, 2018 by ShadesOfKnife

This is a Quash judgment from Hon’ble High Court of Patna, based on no jurisdiction to the concerned court to make enquiry and trial in the present matter.

 

Having gone through the rival contentions of both sides and on perusal of record especially the complaint petition, the Court finds that the place of occurrence is not mentioned in any of the pragraphs of the complaint rather one paragraph discloses that on 04.09.2010, she was assaulted by all accused persons at Vadodra but wrongly spelt as Barauda. Even the addresses of the accused persons mentioned in the complaint is of Gujarat and there is no allegation that any demand or torture was committed at the parental home of the complainant situated at Nawada. Ordinarily place of enquiry and trial is held by a court within whose local jurisdiction the offence was committed. Sections 177, 178 and 179 Cr.P.C. deal with the jurisdiction of the criminal courts relating to enquiries and trials.

Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017
Posted in High Court of Patna Judgment or Order or Notification | Tagged CrPC 482 – Criminal Proceeding Quashed Manoj Vishwakarma and Ors vs The State Of Bihar and Anr No Territorial Jurisdiction | Leave a comment

Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008

Posted on July 18, 2018 by ShadesOfKnife

This is a quash judgment from Shri Dr.Arijit Pasayat J delivered based on the 7th category of cases, from Bhajan Lal case, that may be quashed is

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Read more
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 – Criminal Proceeding Quashed Delay or Unexplained Delay In Filing Complaint Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass Priya Vrat Singh and Ors Vs Shyam Ji Sahai | Leave a comment

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