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Shades of Knife

True Colors of a Vile Wife

Tag: IPC 498A and 3 and 4 DP Act Combo Alleged

Korimerla Videesha Vs State of A.P. and Anr on 12 October 2018

Posted on December 12, 2019 by ShadesOfKnife

In a rare act, Justice Satyanarayan Murthy has given a Quash order in a false 498A IPC case. He also invoked AP Dowry Prohibition Rule 1998 which are available here.

Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018

Citations:

Other Source Links: https://indiankanoon.org/doc/114175976/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged A.P. Dowry Prohibition Rules 1998 Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 482 – IPC 498A Quashed Dowry Prohibition Act 1961 DP Act 3 - Not Made Out DP Act 4 - Not Made Out IPC 498a - Not Made Out IPC 498A and 3 and 4 DP Act Combo Alleged Korimerla Videesha Vs State of A.P. and Anr Misuse of IPC 498A Sandeep Pamarati

Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur on 22 November, 2017

Posted on January 27, 2019 by ShadesOfKnife

 

Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur on 22 November, 2017

 

Posted in High Court of Gujarat 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 Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash CrPC 482 – FIR Quashed IPC 498A and 3 and 4 DP Act Combo Alleged Work-In-Progress Article | Leave a comment

Ram Saran Varshney And Others Vs State Of Uttar Pradesh And Another on 5 February, 2016

Posted on June 13, 2018 by ShadesOfKnife

In this Quash judgment from Hon’ble Supreme Court, proceedings against sisters-in-law of the knife under 498A, 3/4 DP Act are quashed due to “no clear allegations have been levelled by respondent no.2 – Sonia Gupta against any of the appellant nos. 4, 5 and 6”

Interesting point:

Investigation for dowry harassment on the applicants is done 4 times, and 3 Final Closure reports are submitted in this case.

Ram Saran Varshney And Others Vs State Of Uttar Pradesh And Another on 5 February, 2016

 

Posted in Supreme Court of India 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 CrPC 482 – IPC 498A Quashed IPC 498A and 3 and 4 DP Act Combo Alleged Ram Saran Varshney And Others Vs State Of UP And Anr Reportable Judgement or Order | Leave a comment

Sub-Inspector of Police Vs Kanagari Karthik on 30 June, 2017

Posted on June 6, 2018 by ShadesOfKnife

Starting a thread of posts, more like a series of Judgments, from particular district courts in Andhra Pradesh.

Calling this specific series as Guntur DV Cases. Opening the series with son of a gun of a case.

Intro

  • Nothing fancy or intriguing in the complaint (is that so??? Read on)
  • Routine allegation of combo of IPC 498A and 3,4 Dowry Prohibition Act case

 

Allegations in Charge sheet

  1. The offence had taken place in 4th lane, S.V.N Colony, Guntur, and that it was within the limits of Women Police Station, Guntur Urban and within the jurisdiction of this Court.
  2. The marriage was solemnized in Tirumala Kalyana Mandapam, Ramavarappadu, Vijayawada.
  3. Moolah at Marriage at the time of marriage: The accused had taken
    1. cash an amount of Rs. 10 lakhs towards dowry and
    2. cash an amount of Rs.50,000/- towards adapaduchu lanchanam from PW2 and LW3-Angina Srinivas in the presence of PW3 and LW4-Thota Prabhavathi while
    3. PW2 and LW3-Angina Srinivas gifted 10 sovereigns of gold ornaments to PW1.
  4. After the marriage, PW1 had joined A1 in Gayathri Nagar, Hyderabad and that the accused had looked after PW1 well for one month.
  5. Later the accused had started subjecting PW1 to physical and mental cruelty by stating that the dowry that was collected from PW2 and LW3-Angina Srinivas was not enough for them and they demanded that PW2 that she has to register her flat in  Vijayawada in favour of A1.
  6. A1 had suspected the fidelity of PW1 and number of times he had sent PW1 to the house of PW2 and demanded to register the flat in favour of A1
  7. PW1 has informed about the harassment of the accused to PW2, LWs. 3 and 4 (Angina Srinivas and Thota Prabhavathi respectively) and that PWs. 2, 3 and LWs. 3 and 4 (Angina Srinivas and Thota Prabhavathi respectively) had spoken with the accused, but they demanded that PW2 has to register her flat in Vijayawada in favour of A1.
  8. In the month of May 2015, that the accused had necked out PW1 from their house.
  9. On 30.12.2015, PW1 had given a report against the accused in Women Police Station, Guntur urban.

 

Interesting Titbits

  1. PW4 is the Investigating Officer. Read through the judgment below to know what happened to PW4
  2. Complaint from Knife states all the moolah mentioned in point 3 in above section was actually given to her.
  3. Allegations were levelled against A1 and A2 and that food was not provided to her and that she was confined in a room. But, in her deposition itself PW1 had stated that PW2 used to come to Vijayawada from Guntur to the flat at Vijayawada (Contradictory statements give the benefit of doubt to A1 to A3)
  4. Admissions in cross-examination:
    1. Her childhood and education up to the year 2009 was at Vijayawada and that
    2. MCNO.47/2016 against A1 was filed before the Hon’ble Family Court, at Vijayawada and
    3. the address in the said MC was mentioned by Pw1 as Ramavarappadu, Vijayawada and that the flat of her uncle was present there.
    4. All 3 evidences marked by prosecution also suggest the fact that the place of her residence was shown as Ramavarappadu, Vijayawada.
    5. neither relevant documents were produced nor other inhabitants of the flat at Vijayawada were examined to support the fact that the cause of action has arisen at Guntur; no documentary proof was filed by her to show that she was the resident of SVN Colony, Guntur.
    6. The dates of demanding PW1 by A1 to convey the flat of PW2 and the dates of sending her to the house of PW2 were not stated by PW2 to PW4 and that a report was given by PW1 at Pattabhipuram Police Station, Guntur, when A1 had left PW1 in the flat at Karmanghat when their residence was shifted to Karmanghat.
  5. Undisclosed facts/allegation with Investigating Officer by PW1.
    1. On the report given by her at Pattabhipuram Police Station, Guntur, that A1 was missing, that the A.S.I and the Inspector of Police of the concerned police station did counseling and advised her to lead happy marital life and that the same fact had not been stated to the Women Police Station, Guntur.
    2. PW1 had not stated the afore said facts to him and that she has not even stated to them that, she was not provided proper food, which made this Court to entertain a doubt with regard to the genuineness in foisting the case in Guntur while the MC NO.47/2016 is pending before the Hon’ble Family Court, Vijayawada.
    3. No wound certificate was obtained by her when injury was sustained by her due to oil burnt and in the deposition of PW4 during his cross-examination it was stated by him that PW1 had not stated before him that, A1 had bitten PW1 over her breast and that he had caused injury by pouring oil over her fingers.
    4. In the cross examination of PW4, it has been stated by PW4 that the date and time of dispatch of FIR (EX.P9) was left blank in column no.15 and that the case was not referred to counseling after the registration of FIR.
    5. It has also been admitted by PW4 that he had not collected any proof from PW2 to show that she resides in Guntur, and that the period of stay of PW1 in the house of PW2 at Guntur was not mentioned by him
    6. PW4 has also stated in his cross-examination that PW1 had only stated to him that A1 had beaten her over her body and that he had behaved rudely and that no wound certificate was produced and that no requisition was made to PW4 for taking PW1 to the hospital for treatment
    7. PW4 had further stated that all the witnesses PWs. 1 to 3 had stated before him that PW1 was necked out in May 2015 and that the specific dates of harassment were not stated by PW1 to him (PW4). It was stated by PW4 that in EX.P8, the address was shown to be at Vijayawada.

 

Read the further dissection of the case by Hon’ble Justice Miss V Sri Rama.

Sub-Inspector of Police Vs Kanagari Karthik on 30 June, 2017
Posted in Guntur DV Cases | Tagged DP Act 4 - Not Made Out IPC 498a - Not Made Out IPC 498A and 3 and 4 DP Act Combo Alleged Sub-Inspector of Police Vs Kanagari Karthik | Leave a comment

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