Thursday, May 9, 2024

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Supreme Court held that for conviction to sustain in 304B and 498a, it need to be proven by the prosecution that the victim was subjected to harassment 'soon before suicide' needs to be proven beyond reasonable doubt

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Bansi Lal vs State of Haryana Supreme Court 14/01/2011 CRIMINAL APPEAL NO. 1322 OF 2004 About/from the judgment: While considering the case under Section 498-A, cruelty has to be proved during the close proximity of time of death and it

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Karnataka HC held that mere taking away the custody of children away from mother does not attract 498A. Proceedings initiated quashed.

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Delhi HC held that if woman has stayed with husband for a long long time and then alleges maltreatment and dowry demand, the same has to be looked with circumspection. 498A quashed.

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Delhi HC decried the tendency to rope in all relatives of husband in cases related to 498A and Dowry Death.

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Supreme Court held that even if husband has contracted second marriage and done Bigamy shall not have any bearing on anticipatory bail in #498A, The same has to be granted on the basis of contents of the allegations of Dowry demand

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CRIMINAL APPEAL NO.    888   OF 2017                (Arising out of S.L.P. (Crl.) No. 6630 of 2016) Bibi Parwana Khatoon @ Parwana Khatoon and another    &nbs

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Jharkhand HC held that if it can not be proved that the husband and in-laws treated woman with cruelty soon before his death for dowry or otherwise, conviction u/s 498a also would not stand.

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P&H HC held that no 498a can be filed after wife and husband has already sought and got divorce in foreign land. Such proceedings are malicious and liable to be quashed.

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MP HC held that when allegations against sister-in-law are merely peripheral in nature and has been levelled just to pressurize husband for settlement, continuing proceedings would be abuse of process of law. Quashed

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