...try to take 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.... Several instances 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...

...trial court and the appellate court.12. Section 498-A appears in Chapter XX-A IPC.13. Substantive Section 498-A IPC and presumptive Section...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...-A IPC. Accused 1 to 5 were found guilty under Section 302 IPC.3. In appeal it was held that A-1 and A-2 were guilty of offence punishable under Section 302 IPC and...

...Appellants 2 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.5...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...

...to cognizance of offences falling in Chapter XX of the Code by a court.9. We shall now quote the relevant sections of IPC and the 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. Marrying again during lifetime of husband or wife.—Whoever, having a husband...conjoint reading of the above provisions makes it clear that a complaint under 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...

...-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 IPC, except upon a complaint...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”.Since...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 a...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...

.../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.”I..., 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-A...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 punishing a husband...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...

...measures were found to be insufficient, the Criminal Law (Second Amendment) Act, 1983 (Act 46 of 1983) was passed wherein Chapter XX-A was introduced in the IPC, containing Section 498-A...sustain the conviction under Section 304-B IPC, the following essential ingredients are to be established:(i) the death of a woman should be caused by burns or bodily....”9. The first 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...

..., 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 made by...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 offences.5. In the cases, cited by the learned counsel, the offences in respect of which police reports were submitted, were punishable under Chapter XX and...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 Chapter XX of the IPC are offences relating to marriage and the cognizance of such offences can be taken by a Magistrate...

...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 with a...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...

...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-A upon a police report of...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 a go...-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 the basis of complaint filed under Section 190(1)(a) of...

...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 made by...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...

..., 1973 (in short, "Cr.P.C."). 4. Section 198 Cr.P.C. clearly says that no court shall take cognizance of an offence punishable under Chapter XX IPC except upon a complaint...Court-I, North Paravur. Allegation against the petitioner is that he has committed an offence punishable under Section 497 of the Indian Penal Code (in short, "IPC...adulterous life inviting wrath of Section 497 IPC. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Learned counsel for the...

...BNSS, 2023), no Court shall take cognizance of an offence - 3 - punishable under Chapter XX of IPC except upon a complaint...IPC falls under Chapter XX of the IPC. Therefore, the entire charge sheet, which is based on the police investigation is liable to be quashed. Hence, the following: ORDER... - 2 - 23.03.2021 (ANNEXURE-A) AND THE FINAL REPORT DATED 28.04.2021 (ANNEXURE C) ON THE FILE OF RESPONDENT...