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True Colors of a Vile Wife

Tag: IPC 498A – Cruelty Not Proved

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

Posted on January 15 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

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

Appanna @ Laxmaiah Vs The State of Karnataka on 12 September 2012

Posted on September 26, 2018 by ShadesOfKnife

Hon’ble High Court of Karnataka held that not every cruelty attracts IPC 498A especially in the absence of a harassment/demand for same.

From Para 14,

Assuming for the purpose of argument that the evidence on record as referred to by the learned Sessions Judge indicated that the appellant was beating the deceased under intoxication of liquor, there is no indication that such beating was with a view to force the deceased either to commit suicide or to cause grievous injury to her life, limb or health. It is not the say of any of the witnesses that the deceased at any point of time attempted to commit suicide or to cause grave injury to herself. Therefore, the torture of physical beating by the appellant as spoken to by the witnesses cannot be treated as ‘cruelty’ within the meaning of Clause (a) of Explanation to Section 498-A to find him guilty for the said charge.

Read the Para 16 too. It nails the prosecution case.

Appanna @ Laxmaiah Vs The State of Karnataka on 12 September, 2012

The landmark judgment of High Court of Bombay is available here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Appanna @ Laxmaiah Vs The State of Karnataka IPC 498A - Cruelty Not Proved IPC 498A - Cruelty Without Dowry Demand IPC 498a - Not Made Out | Leave a comment

Sudha Vs State (NCT of Delhi) on 4 January 2016

Posted on September 26, 2018 by ShadesOfKnife

In this revision filed by knife against the discharge of husband’s relatives, District Court of Delhi, held that not every cruelty attracts IPC 498A especially in the absence of a harassment/demand for same.

From Para 5,

Perusal of the file reveals that case was registered on the complaint given by the petitioner to the Joint Commissioner of Police. In this complaint it is no where mentioned that any of the respondents no. 2 to 6 had made any specific demand and the allegations are against her husband.

….

Perusal of the file further reveals that supplementary statements of petitioner were recorded on 29.03.2006 & 02.05.2004. In the complaint given to the Joint Commissioner of Police, there are no allegation of harassment and dowry demand against any of the respondents no. 2 to 6. There are allegation against respondent nos. 5 & 6 that they had thrown the gifts and they refused to accept them as the same were not as per their choice. There are allegation against the respondents no. 3 & 4 that they started fighting with the petitioner. They also stated to the petitioner that they are foreign returns and taunted the petitioner and further they demanded for change of gifts. I am of the view that these allegations cannot be construed as demand in view of Section 498A IPC. The Ld. MM has rightly came to conclusion that all the allegations are general in nature. The counsel for the petitioner is not able to make out any allegation of harassment or dowry demand against the respondents no. 2 to 6.

Para 6 further destroys the prosecution case,

It is admitted fact that marriage of the petitioner was solemnized on 20.06.2002 and complaint was filed on 11.11.2003. It is also admitted fact that the marriage between respondents no. 3 & 4 was solemnized in the year 1999 and marriage between respondents no. 5 & 6 were solemnized in the year 2000. It isalso admitted fact that respondents no. 3 to 6 are not residing in the matrimonial house of the petitioner and they are residing separately after the marriage of thepetitioner. It is true that no date, time and place has been given by the complainant when any demand was raised by the respondents no. 2 to 6.

From Para 8,

But, it is not harassment of every nature which is punishable under Section 498A of IPC. In order to attract criminal liability, there should be torture physical or mental, positive acts. Such acts should be aimed at persuading or compelling the woman or her relatives to meet an unlawful demand of any property or valuable security or it should be actuated by the failure of the woman or her relative to meet such a demand.

Sudha Vs State (Nct Of Delhi) on 4 January, 2016

The landmark judgment of High Court of Bombay is available here.

Posted in District or Sessions or Magistrate Court 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 Catena of Landmark Judgments Referred/Cited to CrPC 239 - Discharged DP Act 4 - Dowry Demand Not Proved DP Act 4 - Not Made Out IPC 498A - Cruelty Not Proved IPC 498A - Cruelty Without Dowry Demand IPC 498a - Not Made Out Sudha Vs State (Nct Of Delhi) | Leave a comment

Sarla Prabhakar Waghmare Vs State of Maharashtra And Others on 10 April 1989

Posted on September 26, 2018 by ShadesOfKnife

Hon’ble High Court of Bombay has held that, it is not every harassment or every type of cruelty that would attract Section 498-A.

From Para 3,

After going through her evidence it does not appear that she has conclusively established that the beating and harassment was with a view to force her to commit suicide or to fulfil the illegal demands of the non-applicants. The trial Court has discussed this aspect at some length and has recorded a finding that offence under Section 498-A, Indian Penal Code, is not established. I do not see any reason to interfere with the same in my revisional jurisdiction at the instance of the complainant, particularly when the State has not challenged the impugned order.

Sarla Prabhakar Waghmare Vs State Of Maharashtra And Others on 10 April, 1989
Posted in High Court of Bombay Judgment or Order or Notification | Tagged IPC 498A - Cruelty Not Proved IPC 498A - Cruelty Without Dowry Demand IPC 498a - Not Made Out Not Authentic copy hence to be replaced Sarla Prabhakar Waghmare Vs State Of Maharashtra And Others | Leave a comment

Hanumanthu Naik Vs Nirmala Bai on 11 June, 2018

Posted on June 14, 2018 by ShadesOfKnife

This quash judgment is from Hon’ble AP High Court at Hyderabad, which is based on the conclusion that there are no specific allegations on A2 and A3, parents of the husband (A1).

Another important aspect is that this quash is done also based on another quash order for same High Court in regards to other accused (A4, A5 and A6) in this very same case, specifically because of same allegations on them too.

 

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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 Anantapur Hanumanthu Naik Vs Nirmala Bai IPC 498A - Cruelty Not Proved Work-In-Progress Article | Leave a comment

Manju Ram Kalita Vs State Of Assam on 29 May, 2009

Posted on May 29, 2018 by ShadesOfKnife

This judgment from Supreme Court of India revisits the evidences submitted at the trial court stage and overturns the conviction under 498A due to no material evidence in regards to cruelty under the statutes of IPC 498A.

Key point on delay in filing the complaint

The complaint of cruelty was lodged by filing an FIR on 23.5.1997 i.e. after four years of leaving the matrimonial home. More so, the mental or physical torture was not continuous on the part of the appellant as there is no complaint against him between 1993 to 1997 i.e. leaving the matrimonial home by the wife and performing the second marriage by the husband.

Manju Ram Kalita vs State Of Assam on 29 May, 2009
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Acquitted in IPC 498A CrPC 482 – IPC 498A Quashed IPC 498A - Cruelty Not Proved Manju Ram Kalita Vs State Of Assam | Leave a comment

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