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Shades of Knife

True Colors of a Vile Wife

Tag: IPC 498a – Not Made Out Against Parents or Relatives

Anil Kumar and 2 Ors Vs State of A.P. and Anr on 3 Apr 2019

Posted on March 9, 2021 by ShadesOfKnife

Justice B. Siva Sankar Rao trashed the falsely-laid proceedings of Dowry and 498A IPC against the family members as there were no specific allegations made up on them and no supporting evidence collected by the Police.

6. There is no record even shown from the police charge sheet by collecting from father of de facto complainant as to any so called additional amount of Rs.4,30,000/- given out of his retirement benefits or 15 tulas of gold. It is crucial if at all to believe as to what were the retirement benefits he received and when from his account he parted with. There is no date or time even mentioned either in the report or from the police investigation to believe, leave about the fact that the so-called marriage performed, from the police investigation out of love affair between A-1 and de facto complainant against the will of the parents of the de facto complainant and the parents of A-1, who are A-2 & A-3 from the beginning agreed for the love marriage with no objection. Once such is the case, even the stray allegation of the petitioners/A-2 to A-4 used to abuse her as not of their caste or religion and if they marry another girl, they could get more dowry itself is unbelievable, for the very marriage is love marriage. Even to say that there was any instigation to A-1 by A-2 to A-4 for additional dowry when it is a love marriage and no dowry shown paid originally and as discussed supra of no any payment of dowry by father of de facto complainant after his retirement from his benefits alleged, the question of any payment of additional dowry is unbelievable. It clearly shows the petitioners/A-2 to A-4 are roped without any basis for reasons better known by the de facto complainant and the police investigation in this regard is also perfunctory and baseless and the legal position is very clear that unless from the specific allegations in the complaint against the other relatives of the husband, no cognizance can be taken against the family members, particularly from the tendency of making baseless allegations in roping them and even a stray sentence as suffered harassment in the hands of in-laws, etc., is not sufficient to sustain any such accusation to rope the other family members of the husband of the de facto complainant, so-called victim.

Anil Kumar and 2 Ors Vs State of A.P. and Anr on 3 Apr 2019
Posted in High Court of Telangana 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 Anil Kumar and 2 Ors Vs State of A.P. and Anr CrPC 482 – Criminal Proceeding Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives | Leave a comment

Anil Kumar and 2 Ors Vs State of A.P. Anr on 03 Apr 2019

Posted on December 25, 2020 by ShadesOfKnife

Single Judge Bench of JUSTICE Dr. B.SIVA SANKARA RAO, quashed the false 498A/DP Act complaint on Father in law and two sisters in law. Just one Paragraph !!!

From Para 6,

6. There is no record even shown from the police charge sheet by collecting from father of de facto complainant as to any so-called additional amount of Rs.4,30,000/- given out of his retirement benefits or 15 tulas of gold. It is crucial if at all to believe as to what were the retirement benefits he received and when from his account he parted with. There is no date or time even mentioned either in the report or from the police investigation to believe, leave about the fact that the so-called marriage performed, from the police investigation out of love affair between A-1 and de facto complainant against the will of the parents of the de facto complainant and the parents of A-1, who are A-2 & A-3 from the beginning agreed for the love marriage with no objection. Once such is the case, even the stray allegation of the petitioners/A-2 to A-4 used to abuse her as not of their caste or religion and if they marry another girl, they could get more dowry itself is unbelievable, for the very marriage is love marriage. Even to say that there was any instigation to A-1 by A-2 to A-4 for additional dowry when it is a love marriage and no dowry shown paid originally and as discussed supra of no any payment of dowry by father of de facto complainant after his retirement from his benefits alleged, the question of any payment of additional dowry is unbelievable. It clearly shows the petitioners/A-2 to A-4 are roped without any basis for reasons better known by the de facto complainant and the police investigation in this regard is also perfunctory and baseless and the legal position is very clear that unless from the  specific allegations in the complaint against the other relatives of the husband, no cognizance can be taken against the family members, particularly from the tendency of making baseless allegations in roping them and even a stray sentence as suffered harassment in the hands of in-laws, etc., is not sufficient to sustain any such accusation to rope the other family members of the husband of the de facto complainant, so-called victim.

Anil Kumar and 2 Ors Vs State of A.P. Anr on 03 Apr 2019

Citations :

Other Sources :


Index of Quash judgments here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Anil Kumar and 2 Ors Vs State of A.P. Anr CrPC 482 – Criminal Proceeding Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Legal Terrorism | Leave a comment

Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020

Posted on October 21, 2020 by ShadesOfKnife

Vagua allegations don’t take fake cases far. Bombay HS quashed the fake case of 498A IPC against the relatively.

From Para 14,

14. Nowadays, it has become a tendency to make vague and omnibus allegations, against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code. Hence, it has become necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute an offence and meet the requirements of the law at least prima facie.

 

Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision 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 – FIR Quashed CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Legal Terrorism Shabnam Sheikh Vs State of Maharashtra | Leave a comment

Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020

Posted on May 18, 2020 by ShadesOfKnife

Taking cue from Geeta Mehrotra judgment here, Punjab High Court has quashed proceedings on relatives living far away in Canada taking a ground that no specific allegation are in the complaint.

Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020

Citations: [2]

Other Source links: https://indiankanoon.org/doc/12422589/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Criminal Proceeding Quashed CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Geeta Mehrotra and Anr Vs State Of U.P. and Anr IPC 498a - Not Made Out Against Parents or Relatives Legal Terrorism Order Quashed | 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

Kamlesh Ghanshyam Lohia Vs State of Maharashtra on 23 August, 2019

Posted on September 3, 2019 by ShadesOfKnife

Good judgment from Hon’ble Bombay High Court which held that mere demand of money not coupled with cruelty/harassment, does not attract provisions of 498A IPC.

Kamlesh Ghanshyam Lohia Vs State of Maharashtra on 23 August, 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/194898319/

Posted in High Court of Bombay 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 Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Kamlesh Ghanshyam Lohia Vs State of Maharashtra Legal Terrorism Preeti Gupta and Anr Vs State Of Jharkhand and Anr

Sanjeev Kumar Aggarwal and Ors Vs State and Anr on 12 October, 2007

Posted on January 3, 2019 by ShadesOfKnife

Hon’ble Delhi High Court had quashed the FIR on parents and relatives in a false case of 498A, 406 IPC.

Sanjeev Kumar Aggarwal Others Vs State Another on 12 October, 2007

Citations: [2007 (4) JCC 3074]

Other Source links:

https://www.casemine.com/judgement/in/56ea93be607dba371ebcab91


 

Posted in High Court of Delhi 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 482 - Quash CrPC 482 – FIR Quashed IPC 406 - Not Made Out IPC 498a - Not Made Out Against Parents or Relatives Sanjeev Kumar Aggarwal Others Vs State Another | Leave a comment

Puttalakshmi Vs State of Karnataka and Anr on 09 November, 2018

Posted on January 2, 2019 by ShadesOfKnife

Hon’ble Karnataka High Court, based on Preeti Gupta judgment here, held that the Dowry proceedings (u/s 498A IPC) against Mother-in-law are false and motivated, hence quashed same. God know if any sou moto perjury proceedings initiated or not on the false-case filing daughter-in-law!!

Smt.Puttalakshmi Vs State of Karnataka and Anr on 09 November, 2018

Citations: [2018 SCC OnLine Kar 1820],

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/162793182/ or https://www.casemine.com/judgement/in/5bebe8c39eff4376dc966c50


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed IPC 498a - Not Made Out Against Parents or Relatives Smt.Puttalakshmi Vs State of Karnataka and Anr | Leave a comment

Onkar Nath Mishra and Ors Vs State (NCT of Delhi) and Anr on 14 December, 2007

Posted on September 28, 2018 by ShadesOfKnife

In this landmark quash judgment, Hon’ble Apex Court held that IPC 406 and IPC 498A is not made out on the parents of the husband and as such the case on them is quashed.

Highlights

Knife Name: Neetu
Husband Name: Ashutosh Misra

  • He gave me no money for expenditure. When I left Bijnore he gave me only Rs.1/- only. I did not receive any phone from him till 7th November, 1994.
  • He told me that he has no time to go to Cell and to bring me to Bijnore.
  • talk to your father to give you Rs.50,000/- and VCR to bring with you.
  • If you come here alone with the child, we will give you good beatings.
  • Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M.
  • she stated that, my father-in-law and sister-in-law clearly warned him that till the time I will not bring Rs.50,000/- cash and V.C.R. they will not keep me.
  • In the charge-sheet, it has been recorded that despite issue of notice under Section 160 Cr.P.C. to the complainant and her father by the ASI, neither the complainant nor her father turned up to take back her Stridhan , which was alleged to be with the appellants. It has been noted that the complainant does not want to take back her Stridhan.

Law point from Para 10,

It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence.

From Para 19,

Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.

Onkar Nath Mishra & Ors Vs State (Nct Of Delhi) & Anr on 14 December, 2007

Citations: [2007 SUPREME 8 405], [2008 SCC 2 561], [2008 CRLJ 0 1391], [2008 AIR SC 204], [2008 RCR CRI 1 336], [2008 SCC 1 65], [2007 STPL LE 0 39378], [2008 SCC CRI 1 507], [2008 AD SC 2 398], [2008 BLJR 56 753], [2008 MADLW CRL 2 955], [2008 ACC 60 694], [2008 SCC CRL 1 507], [2008 JT 1 20], [2008 LW CRL 2 955], [2008 ALL MR CRI 1360], [2008 ALT CRI 3 83], [2008 AIR SC 96], [2008 MAHLJ CRI 2 550], [2008 SCC CR 1 507], [2008 CRIMES 1 42], [2008 DRJ 100 3], [2008 UJ 1 107], [2008 MLJ CRI 2 686], [2008 SLT 1 329], [2007 AIOL 1302], [2008 ANJ SC 1 124], [2008 CRLJ SC 1351], [2007 SCALE 14 403], [2007 SCR 13 716], [2008 AIC SC 62 155], [2008 CRI LJ 1391]

Other Source links: https://indiankanoon.org/doc/1907093/ and https://www.casemine.com/judgement/in/5609ae46e4b01497114135e4

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 Catena of Landmark Judgments Referred/Cited to CrPC 482 – Framing Of Charge Quashed CrPC 482 – IPC 498A Quashed Delay or Unexplained Delay In Filing Complaint IPC 406 - Not Made Out IPC 406 Dismissed IPC 498a - Not Made Out Against Parents or Relatives Landmark Case Legal Terrorism Onkar Nath Mishra and Ors Vs State (Nct Of Delhi) and Anr Reportable Judgement or Order | Leave a comment

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