Vihar, Delhi for the offences punishable under Sections 498A / 406 / 34
of IPC and all consequential proceedings emanating therefrom are quashed,
subject to petitioner depositing ... with the Delhi High
Court Bar Association Lawyers Social Security & Welfare Fund within one
week.
This is a digitally signed order.
The authenticity
cruelty" to attract the
provisions of Section 498-A IPC. Causing mental torture to the extent that
it becomes unbearable may be termed ... meet any unlawful
demand, for any property or valuable security or is on account of failure by
her or any person related
cruelty. That is why Section 498A came to be inserted in IPC . A perusal of the said provision makes it clear that what is made ... meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related
meet any
unlawful demand for any property or valuable security or is
on account of failure by her or any person related ... owing to
several social and cultural factors. Meaningful debates and persuasions have
led to these enactments. The insertion of Section 498A IPC is one such
PLJR 83(SC), cruelty in terms of Section 498A IPC has been
explained in following way:
"6. We do not agree with the argument ... purposes of attracting the provisions of Section
498A of the Indian Penal Code. Cruelty for the
purposes of aforesaid section has been defined
under
I.P.C., Section 3 / 4 of Dowry Prohibition Act, 1961 and Section 3 / 4 of Protection of Muslim Women (Marriage Rights Security ... bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested
under Sections-420 I.P.C . & 4 and 20 of the Private Security Agencies (Regul.ation) Act, 2005, Police Station-Kotwali, District-Azamgarh ... bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioner has been wrongly implicated and could not be arrested
limb or
health, will depend upon a number of factors such as
social and economic status of the parties, the level of
awareness ... property or valuable security, it will also constitute
cruelty, as defined in the explanation to Section 498A
of IPC. Of course, the expression ' cruelty
respect of offence U/S 306 IPC .
Accordingly, accused Baljit Singh is acquitted of offence U/S 306 IPC .
37 In the present case ... respect of offence U/S 498-A read
with Section 34 IPC.
Sessions Case No. 01/2010 Page 21/ 24
22
38 In Jagdish Prasad
willful' i.e. intentional. So
to invoke provisions of Section 498A IPC the tests are of
-:24:-
stringent nature and intention is the most ... prevalent and is eating the very vitals of matrimony and
tearing familial social fabric apart. To curb this evil, the acts of
not only
