concept of "cruelty", clause (a) of
Explanation to Section 498-A I.P.C. postulates that any wilful conduct which is
of such ... contest
of Section 498A of IPC" held thus:-
"21."Cruelty" for the purpose of " Section 498-A IPC
Bemetara, District - Durg convicted the appellant for offence under
Section 498-A of Indian Penal Code and sentenced him to undergo
rigorous imprisonment ... Indian Penal Code. Appellant was also acquitted from
the charge under Section 304-B of the Indian Penal Code, however,
he was convicted for offence
cruelty by lodging a
false complaint case against him under Section 498-A of IPC
read with Section 4 of Dowry Prohibition ... demand of dowry by lodging a false complaint
under Section 498-A of IPC read with Section 4 of
Dowry Prohibition Act entitling
u/s
498-A came to be dismissed resulting into acquittal but also
the complaint of bigamy filed u/s 494 IPC ended ... against this, the copy of the FIR made under
section 498-A of IPC is placed on record by the respondent to
show
registered against the accused and other co-accused
under Section 498-A of Indian Penal Code, 1860.
3. Learned counsel for the petitioners submits that ... liable to be proceeded Under Section
498-A Indian Penal Code. However, as noted
9
above, Section 406 Indian Penal code is a
continuing offence
such high degree of mental cruelty the
Explanation (a) to Section 498 A IPC which
includes cruelty to drive the woman to commit ... opinion that cruelty, as
envisaged under the first limb of Section
498 A IPC would not get attracted. IT
would be difficult
false allegations were attributed
to the husband and report under section 498-A IPC was lodged wherein
after trial he was exonerated, therefore ... would be kept properly had compromised and therefore complaint
under Section 498-A IPC was disposed off. He would submit that
such would not come within the ambit of Section 498-A IPC. It would
be an illegal or immoral act, but other ingredients ... ingredients of Section
306 IPC.
20. Hon'ble Supreme Court while considering the presumption under
Section 113-A of IPC
report was made
under section 498-A read with section 34 of IPC against the
husband and his family members, for which, they ... mother and sister were
tried in an offence punishable u/s 498-A of IPC which
culminated into acquittal on 07.03.2009. The wife
upon which, an offence
punishable under Section 498-A, 323 read with Section 34 of
IPC was registered in connection with Crime ... regard to the offence punishable under
Sections 498-A read with Section 323 / 34 of IPC in connection
with Crime No.290/2008
