Stridhan Recovery / 406 Related Citations - Part III
By Law India and Sanjay Verma in Fight Against Misuse Of 498a Law (Files) · Edit Doc
51.Bachan Singh Versus Harpreet Kaur
Hon’ble Justice(s) : P.K.Jain
P & H High Court
Subject(s) : Alternate remedy
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1996
Citation(s) : 1996(1) RCR (Criminal) 806, III(1996) CCR 338
Complaint for offences u/s 406, 498-A IPC filed against husband and relatives – Magistrate issued summons order – Petition u/s 482 of Code for quashing complaint on plea of vagueness of allegations in complaint – Held – Direction to petitioner to approach Magistrate for seeking relief – High Court should be reluctant to invoke its inherent jurisdiction u/s 482 of the Code as more efficacious alternate remedy is available to petitioners before Magistrate – Petition dismissed.
52.Bhupinder Singh and others Versus State and others
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Territorial jurisdiction, Quashing of FIR, Ingredient of offence
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1991
Citation(s) : 1991(2) Crimes 84, 1991(2) RCR (Criminal) 225
Cruelty – Criminal breach of trust – FIR lodged - Peition u/s 482 Cr.P.C. for quashing of FIR – Proceedings u/s Sec.12 Hindu Marriage Act – Cruelty allegedly caused at Yamunanagar – Territorial jurisdiction – Police officers at Lalru having no jurisdiction to investigate the case – Dowry articles entrusted to the main petitioner (husband) under doubt – Held – Impugned FIR quashable – Criminal breach of trust not established.
53.Balbir Singh Versus Harpreet Kaur
Hon’ble Justice(s) : J.B.Garg
P & H High Court
Subject(s) : Quashing of complaint, Documentary evidence
Indian Penal Code
Section(s) : 405, 406, 498-A Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 26
Petition u/s 482 of the Code for quashing the complaint institute by respondent for offence u/s 405, 406 498-A and quashing of order passed by CJM – Held – The mere fact that the CJM did not send the complainant to the police for inquiry though it was desired by complainant, would not render the impugned order as anticipatory bail was void ab initio inasmuch as the CJM recorded the statement of the complainant and also statement of father of complainant and together with the documentary evidence whatever it was he pass the impugned order – Allegation against member of families were vague so complaint against them quashed – Complaint against petitioner no 2 to 6 is hereby quashed – Petition partly allowed.
54.Ashok Kumar Versus State and others
Hon’ble Justice(s) : V.B.Bansal
Delhi High Court
Subject(s) : Compounding of offence
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991 JCC 406, 1991(1) C.C.Cases 541 (HC)
Misappropriation of Istridhan – Complaint by wife against husband – Mutual divorce on intervention of relations – Parties agreed for dropping of criminal proceedings – Complainant having settled in life after remarriage and does not desire to proceed further with the complaint in terms of compromise – Held – Proceedings quashed in the interest of justice.
55.Abdul Salam Versus A.C.J.M
Hon’ble Justice(s) : O.P.Jain
Allahabad High Court
Subject(s) : Simultaneous criminal and civil proceedings
Indian Penal Code
Section(s) : 406 Year(s) : 1995
Citation(s) : 1995(3) RCR (Criminal) 730, II(1995) CCR 545
Misappropriation of dowry articles – Wife filing Civil suit to get dowry articles – Complainant u/s 406 IPC filed in between – Whether civil and criminal proceedings can go simultaneous? [Yes] – Criminal complaint u/s 406 IPC not barred for reason of civil suit on same matter.
56. Beant Kaur Versus Mukand Singh
Hon’ble Justice(s) : K.K.Srivastava
P & H High Court
Subject(s) : Breach of terms of mutual divorce
Indian Penal Code
Section(s) : 406, 420 Year(s) : 1998
Citation(s) : 1998(2) RCR (Criminal) 306
Offence under – Sec. 13B of Hindu Marriage Act – Parties got divorce by mutual consent – Husband agreed that he would pay Rs. 2.60 lacs to the wife but paid only Rs. 1.50 lacs – Breach of trust and cheating – Held – Prima facie case u/s 406 / 420 IPC made out.
57.Beena Alexander Kurian Versus Alexander Kurian
Hon’ble Justice(s) : K.G.Balakrishnan
Kerala High Court
Subject(s) : Dishonest misappropriation, Limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1990
Citation(s) : 1990(3) Crimes 15, 1990 CRI. L. J. 2641
Offence under – Misappropriation of Istridhan – Acquittal as Trial Court found prosecution as afterthought – Appeal against acquittal – Wife deserted husband’’s house, staying with parents and made demand for return of Istridhan – Civil suit by wife for recovery of Istridhan followed by criminal complaint – Complainant failed to prove dishonest misappropriation of Istridhan by the accused-husband – Also, complaint was barred by time – Held – Finding of Trial Court neither perverse nor unreasonable – Acquittal legally sustainable – Appeal dismissed.
58.Balram Singh Versus Sukhwant Kaur and others
Hon’ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Continuing offence
Indian Penal Code
Section(s) : 406 Year(s) : 1992
Citation(s) : 1992 CRI. L. J. 792, 1991(3) RCR (Criminal) 404
Misappropriation of dowry articles – Offence u/s 406 IPC – Limitation u/s 468 Cr.P.C. – Applicability of – Held – Breach of trust is a continuing offence – Thus, fresh cause of action accrues till accused return of the property of his wife.
59.Baldev Singh Versus Nasir Singh
Hon’ble Justice(s) : M.L.Singhal
P & H High Court
Subject(s) : Exclusion of period for computing limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1997
Citation(s) : 1997(2) RCR (Criminal) 265
Petitioner field complaint u/s 6 of Dowry Prohibition Act – Petitioner presented application before the Magistrate praying that accused be charge u/s 406 of IPC and Sec. 6 of the Dowry Prohibition Act – Magistrate after recording pre-charge evidence, discharged accused persons – Revision against the order of Magistrate – Held – Magistrate was quite justified in returning a verdict of not guilty so far as the accused are concerned – If wife institute any suit for the recovery of article of dowry or the value thereof in the civil Court, period spent by her in these proceedings in this Court, in the Court of Magistrate shall be excluded while computing the period of limitation – Revision dismissed.
60.Brij Lal Versus State
Hon’ble Justice(s) : Sarojnei Saksena
P & H High Court
Subject(s) : Territorial jurisdiction, Continuing offence
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1997
Citation(s) : 1997(3) RCR (Criminal) 319
Cruelty – Criminal breach of trust – Refusal of oath – Territorial jurisdiction – Petition to quash proceedings – Matrimonial home of bride at Hansi, and parental home at Ambala – Misappropriation of dowry articles – Entrusted at Ambala, and taken to Hansi – Dowry articles to be returned at Ambala only – Bride given constant beatings at Hansi – Came back to Ambala – Tried to reconcile, but not called back by her in-laws – FIR u/s 498-A and 406 lodged – Ambala Court has jurisdiction in this regard, as the repercussions of mental and physical torture made at Hansi still persisting at Ambala – Petitioners contending that the bride did not complain of cruelty in her letter – Not held to be a ground to quash the proceedings – Question of fact of authorship of the letters to be decided by Trial Court.
61.Ashutosh Chowdhury and others Versus State and others
Hon’ble Justice(s) : N.K.Bhattacharjee
Calcutta High Court
Subject(s) : Limitation, Applicability of Sec. 468 Cr.P.C. for offence u/s 498-A / 406
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1995
Citation(s) : IV(1995) CCR 132
Offences u/s 498-A, 406 IPC are not continuing offences – Sec. 468 Cr.P.C. is applicable for offence u/s 498-A IPC and thus barred by limitation.
62.Balram Singh Versus Suwkhant Kaur and others
Hon’ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Continuing offence
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991(3) RCR (Criminal) 404
Misappropriation of dowry articles – Offence u/s 406 IPC – Limitation u/s 468 Cr.P.C. – Applicability of – Held – Breach of trust is a continuing offence – Thus, fresh cause of action accrues till accused return of the property of his wife.
63.Balwinder Kumar Sharma Versus State
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Territorial jurisdiction, Quashing of FIR
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1994
Citation(s) : 1994(1) RCR (Criminal) 483, II(1994) CCR 848 (SC)
Petitioner filed petition u/s 482 Cr.P.C. for quashing of FIR registered at Sonepat for offence u/s 498-A / 406 IPC – Held – Police at Sonepat had no jurisdiction to investigate this matter as allegation of cruelty are made with respect to the period when she stayed in her in-laws house which admittedly was at Faridabad – FIR against all petitioner for offence u/s 498-A quashed – It shall be open for complainant to seek remedies for prosecution of the petitioners u/s 498-A in the proper forum.
64.Baljit Singh and others Versus State
Hon’ble Justice(s) : A.P.Chowdhri
P & H High Court
Subject(s) : Quashing of FIR, Compromise
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1990
Citation(s) : 1990(1) RCR (Criminal) 39
Petition u/s 482 of the Code for quashing the FIR for offence u/s 498-A, 406 IPC – Complainant (wife) of appellant entered into compromise – Held – Complainant agreed to withdraw the case against appellant after both the parties settle there dispute – This Court allowed the parties to settle there claims and this Court allowed petition for quashing FIR – Petition allowed.
65.Basant Kaur and others Versus State and others
Hon’ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Territorial jurisdiction
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992(2) C.C.Cases 62 (HC), 1991(1) RCR (Criminal) 204
Petition u/s 482 of the Code for seeking quashment of FIR registered against them for offences u/s 498-A, 406 IPC and Sec. 6 of Dowry Prohibition Act as also entire investigation as well as report u/s 173 of the Code – Entrustment of articles to parents and relation of husband – Property were required to be return in the territorial jurisdiction of the Court – Under territorial jurisdiction of the Court complainant was residing with her parents – Held – Court at Jind had jurisdiction to try the offence – Petition dismissed.
66.Ashwani Kumar and others Versus State
Hon’ble Justice(s) : Arun B.Saharya
Delhi High Court
Subject(s) : Failure to prove cruelty in matrimonial proceedings
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992 CRI. L. J. 446, 1991(1) RCR (Criminal) 674, 1991(2) C.C.Cases 73 (HC), 1991 JCC 174
Offences under – FIR – Quashment sought u/s 482 Cr.P.C. – Averments in FIR prima faciely prove that husband and in-laws of complainant wife subjected her to “cruelty” – Failure on part of wife to prove allegations of cruelty in matrimonial proceedings for restitution of conjugal rights filed by husband, as she remained ex parte, whether would disprove allegations in FIR? [No] – Held – Case not fit to quash FIR and proceedings thereupon – Petition dismissed.
67.Avtar Singh and others Versus State and others
Hon’ble Justice(s) : S.K.Jain
P & H High Court
Subject(s) : Territorial jurisdiction, Vague allegations
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 157, II(1993) CCR 1346
Cruelty – Misappropriation of dowry articles – Territorial jurisdiction -Matrimonial house of wife at Panipat where she was given beatings – She was brought to Ludhiana where dowry was demanded from her parents – Wife filed complaint for offence u/s 498-A IPC at Ludhiana – Whether Ludhiana Court has jurisdiction to take cognizance? [Yes] – Held – Incident of subjecting wife to beatings at Panipat and subsequently bringing her to Ludhiana for dowry demand form same part of transaction – However, complaint u/s 406 IPC liable to be quashed as there was no specific allegation of entrustment of particular articles to any particular accused – General and vague allegations in FIR not sufficient to sustain charge u/s 406 IPC.
68.Balbir Singh and others Versus Sudesh and others
Hon’ble Justice(s) : N.G.Nandi
Delhi High Court
Subject(s) : Compounding of offence
Indian Penal Code
Section(s) : 406, 498-A, 34 Year(s) : 2000
Citation(s) : 2000(2) JCC 329
Petition u/s 482 of the Code for quashing of FIR for the offences u/s 406, 498-A, 34 IPC initiated by respondent no. 1 / Complainant – Affidavits filed by petitioner no. 1 and testified to the effect that one daughter has been born and it is settled between the petitioner and respondent no. 1 that custody of the said daughter will remain with the complainant and deponent does not claim the custody of the child – It is further testified that although the dowry article have been returned to the complainant and as such there is no controversy between the deponent and respondent no. 1 / complainant – Held – In view of the affidavit filed by petitioners and respondent no. 1 / complainant and the decree of divorce u/s 13-B of Hindu Marriage Act between petitioner no. 1 and respondent no. 1 and settlement of all dispute, as testified by them as pointed out above, FIR for the offence u/s 406 / 498-A, 34 IPC initiated by respondent no 1 against the petitioners need to be quashed – Petition allowed.
69.Balwinder Kumar Versus Kashama Devi
Hon’ble Justice(s) : Pritpal Singh
P & H High Court
Subject(s) : Quashing of complaint, Vague allegations
Indian Penal Code
Section(s) : 406, 34 Year(s) : 1987
Citation(s) : 1987 C.C.Cases 554 (HC)
Petition u/s 482 of the Code for quashing the complaint – Offence u/s 406 / 34 IPC – Allegation against petitioner that he misappropriate dowry articles given by parents of girl – Prosecution failed to produce any evidence which made petitioner liable for offence – No specific mention of dowry article given at the time of marriage – Held – Fit case for quashing complaint – Petition allowed.
Hon’ble Justice(s) : P.K.Jain
P & H High Court
Subject(s) : Alternate remedy
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1996
Citation(s) : 1996(1) RCR (Criminal) 806, III(1996) CCR 338
Complaint for offences u/s 406, 498-A IPC filed against husband and relatives – Magistrate issued summons order – Petition u/s 482 of Code for quashing complaint on plea of vagueness of allegations in complaint – Held – Direction to petitioner to approach Magistrate for seeking relief – High Court should be reluctant to invoke its inherent jurisdiction u/s 482 of the Code as more efficacious alternate remedy is available to petitioners before Magistrate – Petition dismissed.
52.Bhupinder Singh and others Versus State and others
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Territorial jurisdiction, Quashing of FIR, Ingredient of offence
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1991
Citation(s) : 1991(2) Crimes 84, 1991(2) RCR (Criminal) 225
Cruelty – Criminal breach of trust – FIR lodged - Peition u/s 482 Cr.P.C. for quashing of FIR – Proceedings u/s Sec.12 Hindu Marriage Act – Cruelty allegedly caused at Yamunanagar – Territorial jurisdiction – Police officers at Lalru having no jurisdiction to investigate the case – Dowry articles entrusted to the main petitioner (husband) under doubt – Held – Impugned FIR quashable – Criminal breach of trust not established.
53.Balbir Singh Versus Harpreet Kaur
Hon’ble Justice(s) : J.B.Garg
P & H High Court
Subject(s) : Quashing of complaint, Documentary evidence
Indian Penal Code
Section(s) : 405, 406, 498-A Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 26
Petition u/s 482 of the Code for quashing the complaint institute by respondent for offence u/s 405, 406 498-A and quashing of order passed by CJM – Held – The mere fact that the CJM did not send the complainant to the police for inquiry though it was desired by complainant, would not render the impugned order as anticipatory bail was void ab initio inasmuch as the CJM recorded the statement of the complainant and also statement of father of complainant and together with the documentary evidence whatever it was he pass the impugned order – Allegation against member of families were vague so complaint against them quashed – Complaint against petitioner no 2 to 6 is hereby quashed – Petition partly allowed.
54.Ashok Kumar Versus State and others
Hon’ble Justice(s) : V.B.Bansal
Delhi High Court
Subject(s) : Compounding of offence
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991 JCC 406, 1991(1) C.C.Cases 541 (HC)
Misappropriation of Istridhan – Complaint by wife against husband – Mutual divorce on intervention of relations – Parties agreed for dropping of criminal proceedings – Complainant having settled in life after remarriage and does not desire to proceed further with the complaint in terms of compromise – Held – Proceedings quashed in the interest of justice.
55.Abdul Salam Versus A.C.J.M
Hon’ble Justice(s) : O.P.Jain
Allahabad High Court
Subject(s) : Simultaneous criminal and civil proceedings
Indian Penal Code
Section(s) : 406 Year(s) : 1995
Citation(s) : 1995(3) RCR (Criminal) 730, II(1995) CCR 545
Misappropriation of dowry articles – Wife filing Civil suit to get dowry articles – Complainant u/s 406 IPC filed in between – Whether civil and criminal proceedings can go simultaneous? [Yes] – Criminal complaint u/s 406 IPC not barred for reason of civil suit on same matter.
56. Beant Kaur Versus Mukand Singh
Hon’ble Justice(s) : K.K.Srivastava
P & H High Court
Subject(s) : Breach of terms of mutual divorce
Indian Penal Code
Section(s) : 406, 420 Year(s) : 1998
Citation(s) : 1998(2) RCR (Criminal) 306
Offence under – Sec. 13B of Hindu Marriage Act – Parties got divorce by mutual consent – Husband agreed that he would pay Rs. 2.60 lacs to the wife but paid only Rs. 1.50 lacs – Breach of trust and cheating – Held – Prima facie case u/s 406 / 420 IPC made out.
57.Beena Alexander Kurian Versus Alexander Kurian
Hon’ble Justice(s) : K.G.Balakrishnan
Kerala High Court
Subject(s) : Dishonest misappropriation, Limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1990
Citation(s) : 1990(3) Crimes 15, 1990 CRI. L. J. 2641
Offence under – Misappropriation of Istridhan – Acquittal as Trial Court found prosecution as afterthought – Appeal against acquittal – Wife deserted husband’’s house, staying with parents and made demand for return of Istridhan – Civil suit by wife for recovery of Istridhan followed by criminal complaint – Complainant failed to prove dishonest misappropriation of Istridhan by the accused-husband – Also, complaint was barred by time – Held – Finding of Trial Court neither perverse nor unreasonable – Acquittal legally sustainable – Appeal dismissed.
58.Balram Singh Versus Sukhwant Kaur and others
Hon’ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Continuing offence
Indian Penal Code
Section(s) : 406 Year(s) : 1992
Citation(s) : 1992 CRI. L. J. 792, 1991(3) RCR (Criminal) 404
Misappropriation of dowry articles – Offence u/s 406 IPC – Limitation u/s 468 Cr.P.C. – Applicability of – Held – Breach of trust is a continuing offence – Thus, fresh cause of action accrues till accused return of the property of his wife.
59.Baldev Singh Versus Nasir Singh
Hon’ble Justice(s) : M.L.Singhal
P & H High Court
Subject(s) : Exclusion of period for computing limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1997
Citation(s) : 1997(2) RCR (Criminal) 265
Petitioner field complaint u/s 6 of Dowry Prohibition Act – Petitioner presented application before the Magistrate praying that accused be charge u/s 406 of IPC and Sec. 6 of the Dowry Prohibition Act – Magistrate after recording pre-charge evidence, discharged accused persons – Revision against the order of Magistrate – Held – Magistrate was quite justified in returning a verdict of not guilty so far as the accused are concerned – If wife institute any suit for the recovery of article of dowry or the value thereof in the civil Court, period spent by her in these proceedings in this Court, in the Court of Magistrate shall be excluded while computing the period of limitation – Revision dismissed.
60.Brij Lal Versus State
Hon’ble Justice(s) : Sarojnei Saksena
P & H High Court
Subject(s) : Territorial jurisdiction, Continuing offence
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1997
Citation(s) : 1997(3) RCR (Criminal) 319
Cruelty – Criminal breach of trust – Refusal of oath – Territorial jurisdiction – Petition to quash proceedings – Matrimonial home of bride at Hansi, and parental home at Ambala – Misappropriation of dowry articles – Entrusted at Ambala, and taken to Hansi – Dowry articles to be returned at Ambala only – Bride given constant beatings at Hansi – Came back to Ambala – Tried to reconcile, but not called back by her in-laws – FIR u/s 498-A and 406 lodged – Ambala Court has jurisdiction in this regard, as the repercussions of mental and physical torture made at Hansi still persisting at Ambala – Petitioners contending that the bride did not complain of cruelty in her letter – Not held to be a ground to quash the proceedings – Question of fact of authorship of the letters to be decided by Trial Court.
61.Ashutosh Chowdhury and others Versus State and others
Hon’ble Justice(s) : N.K.Bhattacharjee
Calcutta High Court
Subject(s) : Limitation, Applicability of Sec. 468 Cr.P.C. for offence u/s 498-A / 406
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1995
Citation(s) : IV(1995) CCR 132
Offences u/s 498-A, 406 IPC are not continuing offences – Sec. 468 Cr.P.C. is applicable for offence u/s 498-A IPC and thus barred by limitation.
62.Balram Singh Versus Suwkhant Kaur and others
Hon’ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Continuing offence
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991(3) RCR (Criminal) 404
Misappropriation of dowry articles – Offence u/s 406 IPC – Limitation u/s 468 Cr.P.C. – Applicability of – Held – Breach of trust is a continuing offence – Thus, fresh cause of action accrues till accused return of the property of his wife.
63.Balwinder Kumar Sharma Versus State
Hon’ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Territorial jurisdiction, Quashing of FIR
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1994
Citation(s) : 1994(1) RCR (Criminal) 483, II(1994) CCR 848 (SC)
Petitioner filed petition u/s 482 Cr.P.C. for quashing of FIR registered at Sonepat for offence u/s 498-A / 406 IPC – Held – Police at Sonepat had no jurisdiction to investigate this matter as allegation of cruelty are made with respect to the period when she stayed in her in-laws house which admittedly was at Faridabad – FIR against all petitioner for offence u/s 498-A quashed – It shall be open for complainant to seek remedies for prosecution of the petitioners u/s 498-A in the proper forum.
64.Baljit Singh and others Versus State
Hon’ble Justice(s) : A.P.Chowdhri
P & H High Court
Subject(s) : Quashing of FIR, Compromise
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1990
Citation(s) : 1990(1) RCR (Criminal) 39
Petition u/s 482 of the Code for quashing the FIR for offence u/s 498-A, 406 IPC – Complainant (wife) of appellant entered into compromise – Held – Complainant agreed to withdraw the case against appellant after both the parties settle there dispute – This Court allowed the parties to settle there claims and this Court allowed petition for quashing FIR – Petition allowed.
65.Basant Kaur and others Versus State and others
Hon’ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Territorial jurisdiction
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992(2) C.C.Cases 62 (HC), 1991(1) RCR (Criminal) 204
Petition u/s 482 of the Code for seeking quashment of FIR registered against them for offences u/s 498-A, 406 IPC and Sec. 6 of Dowry Prohibition Act as also entire investigation as well as report u/s 173 of the Code – Entrustment of articles to parents and relation of husband – Property were required to be return in the territorial jurisdiction of the Court – Under territorial jurisdiction of the Court complainant was residing with her parents – Held – Court at Jind had jurisdiction to try the offence – Petition dismissed.
66.Ashwani Kumar and others Versus State
Hon’ble Justice(s) : Arun B.Saharya
Delhi High Court
Subject(s) : Failure to prove cruelty in matrimonial proceedings
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992 CRI. L. J. 446, 1991(1) RCR (Criminal) 674, 1991(2) C.C.Cases 73 (HC), 1991 JCC 174
Offences under – FIR – Quashment sought u/s 482 Cr.P.C. – Averments in FIR prima faciely prove that husband and in-laws of complainant wife subjected her to “cruelty” – Failure on part of wife to prove allegations of cruelty in matrimonial proceedings for restitution of conjugal rights filed by husband, as she remained ex parte, whether would disprove allegations in FIR? [No] – Held – Case not fit to quash FIR and proceedings thereupon – Petition dismissed.
67.Avtar Singh and others Versus State and others
Hon’ble Justice(s) : S.K.Jain
P & H High Court
Subject(s) : Territorial jurisdiction, Vague allegations
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 157, II(1993) CCR 1346
Cruelty – Misappropriation of dowry articles – Territorial jurisdiction -Matrimonial house of wife at Panipat where she was given beatings – She was brought to Ludhiana where dowry was demanded from her parents – Wife filed complaint for offence u/s 498-A IPC at Ludhiana – Whether Ludhiana Court has jurisdiction to take cognizance? [Yes] – Held – Incident of subjecting wife to beatings at Panipat and subsequently bringing her to Ludhiana for dowry demand form same part of transaction – However, complaint u/s 406 IPC liable to be quashed as there was no specific allegation of entrustment of particular articles to any particular accused – General and vague allegations in FIR not sufficient to sustain charge u/s 406 IPC.
68.Balbir Singh and others Versus Sudesh and others
Hon’ble Justice(s) : N.G.Nandi
Delhi High Court
Subject(s) : Compounding of offence
Indian Penal Code
Section(s) : 406, 498-A, 34 Year(s) : 2000
Citation(s) : 2000(2) JCC 329
Petition u/s 482 of the Code for quashing of FIR for the offences u/s 406, 498-A, 34 IPC initiated by respondent no. 1 / Complainant – Affidavits filed by petitioner no. 1 and testified to the effect that one daughter has been born and it is settled between the petitioner and respondent no. 1 that custody of the said daughter will remain with the complainant and deponent does not claim the custody of the child – It is further testified that although the dowry article have been returned to the complainant and as such there is no controversy between the deponent and respondent no. 1 / complainant – Held – In view of the affidavit filed by petitioners and respondent no. 1 / complainant and the decree of divorce u/s 13-B of Hindu Marriage Act between petitioner no. 1 and respondent no. 1 and settlement of all dispute, as testified by them as pointed out above, FIR for the offence u/s 406 / 498-A, 34 IPC initiated by respondent no 1 against the petitioners need to be quashed – Petition allowed.
69.Balwinder Kumar Versus Kashama Devi
Hon’ble Justice(s) : Pritpal Singh
P & H High Court
Subject(s) : Quashing of complaint, Vague allegations
Indian Penal Code
Section(s) : 406, 34 Year(s) : 1987
Citation(s) : 1987 C.C.Cases 554 (HC)
Petition u/s 482 of the Code for quashing the complaint – Offence u/s 406 / 34 IPC – Allegation against petitioner that he misappropriate dowry articles given by parents of girl – Prosecution failed to produce any evidence which made petitioner liable for offence – No specific mention of dowry article given at the time of marriage – Held – Fit case for quashing complaint – Petition allowed.
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