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...undue advantage of the sympathies exhibited by the courts in matters relating to alleged dowry torture.4. Section 498-A appears in Chapter XX-A IPC.5....2. Further prayer is made that whenever, any court comes to the conclusion that the allegations made regarding commission of offence under Section 498-A IPC are unfounded, stringent action...have been highlighted to show as to how commission of offence punishable under Section 498-A IPC has been made with oblique motives and with a view to harass the husband, in-laws and relatives...
...appellate court.12. Section 498-A appears in Chapter XX-A IPC.13. Substantive Section 498-A IPC and presumptive Section 113-B of th...appeal of the appellant and upholding the conviction for offence punishable under Section 498-A of the Penal Code, 1860 (in short “IPC”) recorded and imposed by the learned District and Sessions Judge..., Karur in SC No. 1 of 2004. Several persons who had faced trial had preferred the appeal. Accused 1 to 5 and 7 i.e the present appellant were found guilty of offence punishable under Section 498-A IPC...
...and 3. However, the evidence is clear and cogent so far as Appellant 1 is concerned.12. “4. Section 498-A appears in Chapter XX-A IPC....punishable under Section 498-A of the Penal Code, 1860 (in short “IPC”). The learned Chief Judicial Magistrate, Sonepat had found the accused persons guilty and had convicted them as aforenoted. In...separate house for her. The stridhan was kept by them. On the basis of this complaint, formal FIR under Sections 406 and 498-A read with Section 120-B IPC was registered.6...
...(1969) 1 Cri LJ 567 (Guj) which relates to cognizance of offences falling in Chapter XX of the Code by a court.9. We shall now quote ...Code. Section 494 IPC falls in Chapter XX IPC. Chapter XX pertains to offences relating to marriage. So far as it is relevant, Section 494 reads as under:“494. Mar...Section 494 IPC must be made by the aggrieved person. Section 498-A does not fall in Chapter XX IPC. It falls in Chapter XX-A. Section 198-A which we have quoted hereina...
...-section (4) may make a complaint on his behalf.5. Mere perusal of sub-section (1) shows that it prohibits a Court from taking cognizance of an offence punishable under Chapter XX ...on the part of the learned Magistrate to take cognizance in respect of an offence covered under Chapter XX of the IPC only on a complaint which does not include the charge-sheet by the Police.... P.C Section 198(1) reads as under:—“198(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by...
...accused persons be quashed in the interest of justice. In the case of B.S Joshi (supra), the Apex Court observed as under:-“The object of introducing Chapter XX-A in IPC was to prevent...is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of IPC”....Section 506 Part II of I.P.C is compoundable, they have been acquitted but since offence under Section 498-A of IPC is non non-compoundable, their prayer for compromise of that charge has been...
...the Apex Court observed:“The object of introducing Chapter XX-A in IPC was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with ...of justice would prevent women from settling earlier. This is not the object of Chapter XX-A of IPC.”In view of the above, I am satisfied that compromise between both the parties is...view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. A hypertechnical view would be counterproductive and...
.... Insofar as the first category of offences are concerned, they fall under Chapter XX of the IPC and, he submitted, Section 198 of Cr.P.C stipulates that cognizance of such offences can only be t..., 1973 imposes a bar on the courts from taking cognizance of offences falling under Chapter XX of the IPC. The bar is that cognizance of such offences can be taken only on the basis of a complaint...more than clear that no court can take cognizance of an offence punishable under Chapter XX of the IPC except on a complaint made by some person aggrieved by the offence. It may also be noted that...
.../accused persons in the Court of Judicial Magistrate, First Class, be quashed. Apex Court in the case of B.S Joshi (supra) observed:“The object of introducing Chapter XX-A in IPC was to...added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. This is not the object of Chapter XX-A of IPC.”..., First Class, Jabalpur under sections 498-A/34 & 506 I.P.C and section 3/4 of Dowry Prohibition Act.In short, the facts of the case are that marriage between...
...14.07.2010 In B.S Joshi's case (supra), it was held that the object of introducing Chapter XX-A in IPC was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-...the object of Chapter XX-A of IPC. Besides, it was also observed that there should be an endeavour on the part of the Courts to encourage genuine settlement. In the present case, the parties having...Police Station Karnal City, District Karnal, for the offences under Sections 323, 498-A, 406, 506 and 120-B IPC. The petitioners and respondent No. 2 by way of Criminal...
...Apex Court further held as under:-
"The object of introducing Chapter XX-A in IPC was to prevent torture to a woman by her husband or by relatives..., inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. This is not the object of Chapter XX-A of IPC."
7. In...pending before the Judicial Magistrate No. 2, Bhilwara for the offences under Section 498A IPC.
3. The facts of the case, in a nut shell, are that petitioner No. t filed a complaint before...
...:“The object of introducing Chapter XX-A in IPC was to prevent torture to a woman by her husband or by relatives of her husband. Section 498-A was added with a view to puni...women from settling earlier. This is not the object of Chapter XX-A of IPC.”In view of the above, I am satisfied that compromise between both the parties is real and genuine and without...them on the complaint of respondent No. 2 Smt. Pallavi Shrivas under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. By judgment dated...
...an
offence punishable under Chapter XX IPC except upon a
complaint made by some person aggrieved by the offence. So far
as the Section 155 Cr.P.C. is concerned, the same provides the
manner in...investigation on
the aforesaid non cognizable report, inasmuch as, the offence
punishable under Section 498 IPC lies in Chapter XX of the Code
and for taking cognizance of such offences by virtue of Section...registered at P.S.
Jamunapar, District Mathura, under Section 498 IPC.
The submission of the learned counsel for the applicant is that the
learned Magistrate had no jurisdiction to permit...
..., contained in Sec. 198 Cr. P.C are mandatory in character and create a bar to the taking of cognizance of an offence, punishable under Chapter XX of the IPC, by a court except upon a complaint ma...of these offences, the offences u/Ss. 120-B, 420 and 498-A IPC are cognizable offences and, therefore, the Magistrate was competent to have taken cognizance on the basis of such report for cognizable as well as non-cognizable offenc...of the Penal Code, Chapter XX of the IPC enumerates offences punishable u/Sec. s. 493 to 498 IPC. Chapter XXI of the IPC deals with offences u/Sec. 499 to 502 IPC. The offences under ...
...matrimonial disputes.
...The object of introducing Chapter XX-A in IPC was to prevent torture to a woman by her husband or by relatives of her husband. Section 498(A) was added wi...of justice would prevent women from settling earlier. That is not the object of Chapter XX-A of IPC.
8. The important point to be noted in this revision is that when the revision is....
2. The accused was charged under Section 498(A) of IPC for having subjected his wife Santhi to cruelty by scolding her in filthy language, by denying conjugal relationship to her, by...
...to meet the ends of justice would prevent women from settling earlier and that is not the object of Chapter XX-A of the IPC.
5. In Surendra Singh and Ors. v. State of...the compromise on the ground that the offences under section 498-a and 406 ipc are not compoundable.
2. Heard learned Counsel for the petitioner and the Public Prosecutor for the...State.
3. The complainant and the present petitioner had filed the compromise before the trial Court also, but since the offences under section 498-a and 406 ipc are not compoundable...
...Chapter XX-A was introduced in the IPC, containing Section 498-A.11. However, despite the above measures, the issue of dowry harassment was still prevalent. Additionally...(2015) 5 SCC 201, a three-Judge Bench of this Court held as follows:“10. To sustain the conviction under Section 304-B IPC, the following essential ingredients are to be...contentious part that exists in the interpretation of Section 304-B IPC relates to the phrase “soon before” used in the section. Being a criminal statute, generally it is to be interpreted strictly. However...
...fall in Chapter XX IPC. It falls in Chapter XX-A. Section 198-A which we have quoted hereinabove, permits a court to take cognizance of offence punishable under Section 498-...misplaced. In that case, the High Court was dealing with all the offences falling under Chapter XX IPC. Initially, the accused were charged under Section 417 read with Section 114 IPC. That charge was given ...-by and a fresh charge in respect of Sections 493 to 496 IPC was framed. These offences fall in Chapter XX IPC. Therefore, the High Court held that cognizance thereof can be taken by the Magistrate only on...
...chapter XX-A of IPC containing Section 498A was to prevent torture to woman by her husband or by the relatives of the husband. It has been added with a view to punish her husband and his relatives who...settling earlier. That is not the object of chapter XX-A of IPC. This Court can very well exercise its inherent powers to quash the proceedings. Section 320 of Cr.P.C does not limit or affect the powers of...the Judicial Magistrate, Cheyyar for the offences punishable under Section 498A read with Section 109 IPC and sentenced them to undergo one year simple imprisonment and to pay a sum of Rs.1000/- in...
...section 493 of the IPC upon a police report. Section 198(1) of the Cr. P.C provides that no court shall take cognizance of an offence punishable under Chapter XX of the IPC except upon a complaint...some person aggrieved by the offence. Section 493 comes under Chapter XX of the IPC. Therefore cognizance could be taken only upon a complaint. Section 2(d) of the Cr. P.C...) of the Cr. P.C bars taking of cognizance of an offence punishable under Chapter XX of the IPC upon a police report. I may now refer to...