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Shades of Knife

True Colors of a Vile Wife

Tag: IPC 498A – Cruelty Without Dowry Demand

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 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

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