Thursday, May 9, 2024

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Allahabad HC quashed the 498a against accused when the improbable allegations like beating of all family members in their hometown by couple of people and reason for not getting medical examination was not justifiable.

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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1565 OF 2017 (Arising from SLP(Crl.) No.5458/2016) Varala Bharath Kumar and another ..Appellants Versus State of Telangana and another ..Respondents

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Rajasthan HC held that filing of False 498a is cruelty against husband and he is entitled for divorce on this ground.

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Madras HC upheld acquittal of accused in 498a when the oral evidence did not inspire confidence.

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Delhi HC quashed #498a case against Sister-in-law on the basis of letter written by complainant #wife it proved that the complaint was malafide

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SC held that not discharging moral obligations itself won't make a person accused in #498a or #Dowry Death case if legal requirements w.r.t. these sections of IPC are not fulfilled. Accused Discharged of offences.

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Allahabad HC quahed the order of CJM taking cognizance of the Chargesheet as the same was done w/o application of judicial mind & remanded back for fresh orders Those wanting to get their 498a quashed or seeking discharge must read it.

Tags: Quashing 498a

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Patna HC quashed a 498a as it was filed with malafide and as a counter blast to the Divorce petition of husband only

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Himachal Pradesh HC held that if prosecution has failed to prove cruelty as ingrained in S. 498a beyond reasonable doubt; presumption can't be taken for Dowry Death as no presumption can be taken in 498a case.

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Supreme Court discussed complete merits of how #498a ought to be made applicable and discharged all accused of S. 498a and charged only Mother-in-law with S. 406 of IPC

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