IPC 406:
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1.
Harmeet Singh Versus State and others
Hon'ble Justice(s) : S.D.Bajaj
P & H High Court
Subject(s) : Territorial jurisdiction, Quashing of FIR
Indian Penal Code
Section(s) : 406, 498-A, 494, 506 Year(s) : 1991
Citation(s) : 1991(1) C.C.Cases 229 (HC)
Misappropriation of Istridhan / cruelty / bigamy - FIR under - Quashing of, on plea that offence u/s 494 IPC being not made out from any evidence and allegations on other counts are without any basis - Territorial jurisdiction of the Court - Held - U/s 181(4) Cr.P.C., Court of place where marriage was solemnized can entertain complaint and adjudicate on the matter - Trial Court to decide as to whether allegations made in complaint are baseless or not - High Court not to usurp the jurisdiction of Trial Court in quashing proceedings - Petition dismissed.
2.
Gurmukh Singh and others Versus Davinder Kaur
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Readiness to return dowry articles - Inference
Indian Penal Code
Section(s) : 406 Year(s) : 1992
Citation(s) : 1992(2) RCR (Criminal) 213
Criminal breach or trust - Misappropriation of dowry articles - Complaint under - Accused ready to return whatever dowry articles were given to him - It implies that accused received dowry articles - Correctness of the allegation as to how much dowry was given is a matter of evidence required to be examined by the Court below - Held - Proceedings not liable to be quashed in the interest of justice.
3.
Gurdip Singh Versus Daljit Kaur
Hon'ble Justice(s) : A.P.Chowdhri
P & H High Court
Subject(s) : Complaint against relatives of husband
Indian Penal Code
Section(s) : 406, 420, 498-A Year(s) : 1991
Citation(s) : 1991(2) C.C.Cases 290 (HC)
Dowry case - Complaint against husband and his parents - Summoning order - Petition u/s 482 Cr.P.C. for quashment of summoning order - Preliminary evidence of complaint and witnesses before issuing summoning order to husband and his parents recorded - Held - No ground to quash summoning order - Petition dismissed.
4.
Gurmej Kaur Versus Balbir Kaur
Hon'ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Quashing of summoning order, Omission in complaint
Indian Penal Code
Section(s) : 406 Year(s) : 1988
Citation(s) : 1988 C.C.Cases 579 (HC)
Criminal breach of trust - Petitioner sought quashing of summoning order issued against him on the basis of complaint filed by the respondent wife - Complaint not mentioning whether the dowry articles were specifically entrusted to petitioner - Held - It could not be proved that petitioner was present at time of giving dowry and performance of marriage - Proceedings be quashed - Petition allowed.
5.
Giani Harjit Singh Versus Paramjit Kaur
Hon'ble Justice(s) : N.K.Kapoor
P & H High Court
Subject(s) : Complaint against relatives of husband, Stay of criminal proceedings, Power of High Court u/s 482 Cr.P.C. - Scope
Indian Penal Code
Section(s) : 406 Year(s) : 1995
Citation(s) : III(1995) CCR 546, 1995(1) RCR (Criminal) 580
Dowry articles - Misappropriation of - Wife filed complaint - Husband, mother-in-law, father-in-law, husband''s brother and his wife implicated - Summon order - Validity of - Husband filed petition u/s 13 Hindu Marriage Act which was pending in Civil Court - Complaint by wife challenged as counter-blast to divorce petition - All accused had joint residence & mess - Complaint had specific allegations as to which articles were entrusted to each accused - Various articles of dowry were entrusted to each of them as per list attached with complaint - Held - Case u/s 406 IPC prima facie made out - No illegality in issuing summoning order - Entrustment of Istridhan and other articles to accused, not subject matter of adjudication before Civil Court - No ground to stay or quash criminal proceedings u/s 482 Cr.P.C. - High Court u/s 482 Cr.P.C does not have jurisdiction to examine correctness or otherwise of allegations - Petition dismissed.
6.
Harpal Singh Versus Mukhtiar Singh
Hon'ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Nullity of marriage, Complaint by father of wife - Maintainability, Bar on power of Court to take cognizance of matrimonial offence
Indian Penal Code
Section(s) : 406, 420, 506 Year(s) : 1989
Citation(s) : 1989(2) RCR (Criminal) 188
Misappropriation of Istridhan - Complaint - Husband pleaded nullity of his marriage on ground of earlier marriage of his wife and said previous husband was still alive, and therefore question of Istridhan cannot arise - Held - Plea cannot be accepted if necessary ingredients for the offence u/s 406 IPC are fulfilled - Further held that u/s 198 Cr.P.C., it is not always required that aggrieved spouse should file complaint and complaint filed by the father of bride is maintainable - Sec. 198 Cr.P.C. put a bar on power of Court to take cognizance of matrimonial offences which figure in Chapter XX of IPC, unless aggrieved spouse files complaint for the same.
7.
Harminder Singh and others Versus State
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Quashing of FIR, Entrustment, Arrangement in divorce proceedings - Inference
Indian Penal Code
Section(s) : 406, 498-A, 120-B Year(s) : 1992
Citation(s) : I(1992) CCR 878
FIR for offences under - Petition u/s 482 Cr.P.C. for quashing the same - Divorce petition pending, during which, parties reached to an arrangement, in pursuance to which, dowry articles were entrusted to one ''X'' - No mention in complaint as to whom dowry articles were returned after divorce petition was dismissed - Held - In absence of allegation that ''X'' entrusted dowry articles to husband, no charge of criminal breach of trust can be levelled against husband - Proceedings quashed, except for charge u/s 498-A IPC.
8.
Bhagwan Singh and others Versus State and others
Hon'ble Justice(s) : H.K.Sandhu
P & H High Court
Subject(s) : Acts of cruelty, Complaint against relatives of husband
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1992
Citation(s) : 1992(1) RCR (Criminal) 64
Cruelty - Criminal breach of trust - Misappropriation of dowry articles - Complaint against husband, and his relatives - Complaint alleging specific allegations of entrustment - Prima facie case u/s 406 established - Accused contending that they lived separately - Held - Trial Court to go into the truth of allegations made in the complaint - Bride alleging that the act of extreme cruelty made her to think of suicide - Cruelty established.
9.
Binoy Kumar Mukherjee and others Versus State and others
Hon'ble Justice(s) : M.Y.Eqbal
Patna High Court
Subject(s) : Quashing of proceedings
Indian Penal Code
Section(s) : 498-A, 307, 323, 386, 406 Year(s) : 2000
Citation(s) : 2000(1) Crimes 477
Cruelty - Attempt to murder - Criminal breach of trust - Voluntary hurt - Extortion - Petition for quashing proceedings - Husband/petitioner filing a divorce suit - Wife filing criminal case - Prior to this, petitioner was sending Rs. 1, 000/-p.m., and had increased it to Rs. 1, 800/-p.m.for son''s maintenance and education - Apart from this, wife also received Rs. 3 lakhs in compromise in the Matrimonial Court - Held - FIR not mentioning strong enough charges to make a prima facie case - If proceedings continue, it shall amount to the abuse of process of Court - Petition allowed.
10.
Gurdev Singh Versus Nachhattar Kaur @ Mandip Kaur
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Customary gifts at the time of marriage, Quashing of complaint
Indian Penal Code
Section(s) : 406 Year(s) : 1993
Citation(s) : 1993(3) Crimes 179, 1993(3) RCR (Criminal) 328
Misappropriation of dowry articles - Parents of bride gave customary gifts to the in-laws of bride at the time of marriage - No question of entrustment of any article given to the accused at the time of marriage within the said provision of IPC - Whether the criminal breach of trust arise? [No] - Held - No offence u/s 406 IPC made out - Complaint quashed.
11.
Harjinder Kaur Versus Nachhattar Singh and others
Hon'ble Justice(s) : A.S.Nehra
P & H High Court
Subject(s) : Omission in complaint, Ingredient of offence, Quashing of proceedings
Indian Penal Code
Section(s) : 405, 406 Year(s) : 1993
Citation(s) : 1993(3) RCR (Criminal) 692
Sec. 4, 6 & 7 of Dowry Prohibition Act - Misappropriation of dowry articles - Wife made complaint that accused did not return back her dowry articles even when she demanded for the same - However, dishonest misappropriation of said dowry articles by the accused was not alleged in complaint - Held - No offence u/s 405 PC made out - Requisite ingredient for offence u/s 405 IPC is dishonest intention - Misappropriation simplicitor is not sufficient to invoke the provisions of section 405 IPC - Proceedings quashed - Petition allowed.
12.
Gurdeep Singh and others Versus Ginni
Hon'ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Quashing of proceedings, Compounding of non compoundable offence, Quashing of FIR
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1991
Citation(s) : 1991(3) RCR (Criminal) 349, 1988-91 C.C.Cases 186 (Supp.)
Offence complained of being non-compoundable in nature - Petitioner sought quashing of FIR and proceedings against him u/s 482 Cr.P.C. as matter stands compromised between parties - Held - Proceedings initiated against the accused would not achieve desired result as complainant could not support allegations contained therein, in view of compromise settled between them - In these circumstances pendency and investigation of the case would amount to a futile exercise and unnecessary harassment to the accused - FIR and proceedings against the accused quashed.
13.
Himmat Ram and others Versus State and others
Hon'ble Justice(s) : V.B.Bansal
Delhi High Court
Subject(s) : Compromise, Quashing of proceedings
Indian Penal Code
Section(s) : 482, 498-A, 406 Year(s) : 1992
Citation(s) : 1992(1) C.C.Cases 265 (HC), 1992 JCC 59
Inherent power - Exercise of, on account of mutual compromise - Both parties have settled their all disputes - Dissolution of marriage by divorce by mutual consent under HMA and the wife had been paid Rs. 45,000/- as lump sum and nothing else remains - Held - Proceedings u/s 498-A & 406 IPC pending against petitioner stands quashed in the interest of justice - Petition allowed.
14.
Gurbax Singh and others Versus State and others
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Non return of dowry articles to parents of deceased bride, Civil dispute, Quashing of complaint
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991(2) RCR (Criminal) 338, 1988-91 C.C.Cases 455 (Supp.)
Return of dowry articles - Girl alleged to have been poisoned to death by in-laws - Criminal case against in-laws for breach of trust for non return of dowry articles to the parents of girl - Whether maintainable? [No] - Held - It is for the Civil Court to decide as to who were the legal heirs of deceased to inherit her property - Criminal proceedings set aside.
15.
Gurmukh and others Versus Bhupinder Kaur
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Quashing of proceedings, Vague allegations, Complaint against relatives of husband
Indian Penal Code
Section(s) : 323, 363, 406, 420, 506, 498-A Year(s) : 1991
Citation(s) : 1991(3) Crimes 380
Complaint - Summoning order - Petition by accused praying for quashing of complaint and consequent proceedings - Complaint contained no specific allegations of entrustment of dowry articles to any petitioners, other than main petitioner (husband) - Due to strained relations, complainant tried to drag close relatives of her husband - Held - Complaint and summoning order liable to be quashed.
16.
Harpal Singh Versus Gurnam Singh
Hon'ble Justice(s) : S.S.Sudhalkar
P & H High Court
Subject(s) : Dowry demand after marriage, Delay in filing complaint
Indian Penal Code
Section(s) : 406, 405 Year(s) : 1997
Citation(s) : 1997(3) RCR (Criminal) 534
Wife made demand of dowry articles, which was not met - Demand was made after 19 years of marriage - Complaint - Magistrate issued summoning order against accused - Plea taken by accused that it is unbelievable that articles must be lying with accused for 19 years - Accused seeking quashing of proceedings on account of delay - Held - Contention rejected - There can not be a general principle as to after how much time the complaint can not lie and delay in every case is to be looked from fact of each case - Petition dismissed.
17.
Hira Lal and others Versus State
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Complaint against relatives of husband, Denial by wife to take her Istridhan
Indian Penal Code
Section(s) : 406 Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 85
Misappropriation of dowry articles - Wife filed complaint - Husband and all his relatives implicated in complaint - Held - Only husband is liable for rendering account to wife with respect to the dowry articles - Accused-husband would not be absolved of giving articles to his wife, on her demand, solely on ground that at one point of time, wife did not agree to take her Istridhan articles back - Proceedings qua relatives of husband, set aside.
18.
Gyanchand and others Versus Thawardas
Hon'ble Justice(s) : M.S.Ratnaparkhi
Bombay High Court
Subject(s) : Criminal breach of trust by daughter-in-law, Absolute ownership of ornaments
Indian Penal Code
Section(s) : 406, 34 Year(s) : 1990
Citation(s) : 1990(1) Crimes 153
Offence under - Complaint against daughter-in-law and her brother and father regarding criminal breach of trust - Process issued by the Trial Court against accused - Allegations against the daughter-in-law that she left the matrimonial house along with ornaments the part of which was given to them by their father-in-law at the time of marriage and a part thereafter - Held - Accused persons could not be treated as trustees as they would be absolute owners as per law - Process issued against the accused quashed.
19.
Gurmeet Singh and others Versus State and others
Hon'ble Justice(s) : H.K.Sandhu
P & H High Court
Subject(s) : Quashing of complaint, Complaint against relatives of husband
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1993
Citation(s) : 1993(1) RCR (Criminal) 354 , 1993(2) RCR (Criminal) 89
Criminal complaint by wife alleging misappropriation of dowry articles - Specific allegations in complainant regarding entrustment of different dowry articles to close relatives of husband - Complaint also included allegations that some dowry articles were entrusted to wife of husband''s brother who were living separately - Allegations on face of it seems to be false - Held - Complaint against the petitioners quashed.
20.
Hukami Devi and others Versus State and others
Hon'ble Justice(s) : S.S.Rathor
P & H High Court
Subject(s) : Vague allegations, Delay in FIR, Limitation, Taking ornaments of bride by deception - Not cruelty, Quashing of FIR
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992(1) RCR (Criminal) 357 , 1992(1) RCR (Criminal) 357
Cruelty - Misappropriation of dowry articles - FIR - List of dowry articles which were alleged to be misappropriated given with FIR - No specific allegation as to which of the accused was entrusted with what articles - Not mentioned in FIR as to what harm was caused to bride when chillies were allegedly put in her eyes and who commited such act - Also, no mention of time, date of torturous action made in complaint - Allegations were found vague to make out an offence either u/s 498-A IPC or u/s 406 IPC - Also, FIR for offence u/s 498-A IPC filed after 3 years of illegal demand of property from bride, is barred u/s 468(2) Cr.P.C. - Held - Allegation that accused persons used deception to take away ornaments from complainant-bride would not amount to cruelty within ambit of Sec. 498-A IPC - FIR quashed - Petition allowed.
21.
Dwarka Nath Kundra and others Versus Moti Lal Bhatia and others
Hon'ble Justice(s) : V.B.Bansal
Delhi High Court
Subject(s) : Quashing of proceedings, Compromise
Indian Penal Code
Section(s) : 406, 34 Year(s) : 1988
Citation(s) : 1988-91 C.C.Cases 25 (Supp.), 1991 JCC 445
Criminal proceedings by wife against husband - Sec.482 Cr.P.C. - Quashing of proceedings - Marriage between the parties dissolved by a divorce decree under Hindu Marriage Act - Custody of minor child allowed with the mother - Respondents unwilling to carry on with the complaint - Dispute already settled between parties - No need of proceedings to continue - Would be an abuse of the process of the Court - Held - Proceedings quashed - Petition allowed.
22.
Dr. Yog Dhayan Banga and others Versus State and others
Hon'ble Justice(s) : S.D.Bajaj
P & H High Court
Subject(s) : Compromise in divorce petition, Compromise
Indian Penal Code
Section(s) : 406, 498-A, 506 Year(s) : 1989
Citation(s) : 1989(2) RCR (Criminal) 190
FIR by wife for offences under - Husband and in-laws implicated - Also, wife filed a divorce petition u/s 13 of Hindu Marriage Act - In proceedings for divorce, compromise between parties - Whether compromise can be a ground to quash criminal proceedings, particularly when nowhere in the compromise it was mentioned that the wife nullified the act of cruelty committed by the accused persons? [No] - Held - Petition dismissed.
23.
Diwan Chand and others Versus Raj Rani
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Vague allegations, Complaint against relatives of husband
Indian Penal Code
Section(s) : 406 Year(s) : 1992
Citation(s) : 1992(1) C.C.Cases 519 (HC)
Misappropriation - Of dowry articles - Complaint made after 8 years of marriage - It is possible that husband has taken charge of such articles - General allegations regarding entrustment made in respect to husband and parents-in-law, and not specific entrustments - Allegations against parents-in-law not proved - Held - Complaint and summons order against the parents-in-law quashed.
24.
Hakam Singh and others Versus State and others
Hon'ble Justice(s) : A.P.Chowdhri
P & H High Court
Subject(s) : Dowry and Istridhan - Distinction, Entrustment of dowry articles to minors, Continuing offence, Limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1989
Citation(s) : 1989 C.C.Cases 484 (HC)
Dowry & Istridhan - Distinction - Dowry implies the presents given to bridal couple and others in connection with the marriage whereas Istridhan is only confined to property given to or meant for the bride - Normally the elder people of the family and not the minors or persons who do not have any connection with the family, are entrusted with the items of dowry and istridhan - Held - Thus, as the complaint in case in hand does not particularly specify entrustment of dowry articles to the petitioners, complaint and consequent proceedings against the minors quashed - Whether offence u/s 406 IPC is continuing one? - Application of Sec. 468 Cr.P.C. to said offence - Discussed - Continuing offence - What? - Explained.
25.
Feroza Mahboob Versus Qamar Ali and others
Hon'ble Justice(s) : Gulab C.Gupta
Madhya Pradesh High Court
Subject(s) : Quashing of discharge order
Indian Penal Code
Section(s) : 405, 406 Year(s) : 1987
Citation(s) : 1987(3) Crimes 846
Wife filed a complaint against her husband u/s 405, 406 IPC for failing to return the ornaments, clothes etc. received by wife from her parents at the time of marriage which were delivered to the husband but were not returned to her at the time of divorce - Held - Magistrate cannot discharge the husband as prima facie case against him for criminal breach of trust had been made out - Impugned order quashed.
26.
Harbans Lal and others Versus State
Hon'ble Justice(s) : S.D.Bajaj
P & H High Court
Subject(s) : Quashing of complaint, Cheating and criminal breach of trust - Distinction, Vague allegations
Indian Penal Code
Section(s) : 494, 495, 420, 406, 498-A Year(s) : 1991
Citation(s) : 1991(3) RCR (Criminal) 385, 1991(2) C.C.Cases 130 (HC)
Offence u/s 420, 406, 498-A, 494, 495 IPC - Petitioners, in-laws of respondent, charged with said offences in a complaint - Complaint has been against husband, father and mother-in-law, two sister-in-laws and their husband - Petition for quashment of proceedings and FIR - High Court held that FIR and complaint liable to be set aside - Respondent has made no specific allegations of maltreatment against the petitioners - No specific entrustment of stridhan articles against them - Further, cheating and criminal breach of trust are two difference offences and cannot coexist without specific allegations of entrustment of articles - The allegations made against petitioner are baseless and vague - FIR and complaint quashed - Petition allowed.
27.
Dr. Ashwani Kumar Juneja and others Versus Aruna Kumari
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Complaint against relatives of husband, Vague allegations
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1991
Citation(s) : 1991(3) RCR (Criminal) 95, 1991(2) C.C.Cases 573 (HC)
Misappropriation of dowry articles - Cruelty - Wife filed complaint wherein, apart from husband and his mother, 10 close relatives of husband were also implicated - Marriage between parties was solemnized at Pathankot - Dowry articles allegedly entrusted at Ludhiana - Thus, it is unbelievable that the said relatives would come to Ludhiana to take dowry articles - Also, such relations used to reside separately from the husband and in-laws - Allegations that the relatives of the husband used to beat the complainant were found to be vague - Effect of - Held - Complaint filed with an oblique motive - Complaint and consequent proceedings qua relatives of husband except husband and his mother quashed.
28.
Harjeet Singh Versus State and others
Hon'ble Justice(s) : H.K.Sandhu
P & H High Court
Subject(s) : Compromise, Quashing of FIR
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1994
Citation(s) : 1994(1) Crimes 501
Criminal breach of trust / Cruelty - FIR - Petition seeking quashing of FIR and consequent proceedings - Dissolution of marriage between parties by divorce in pursuance of compromise between them - Dowry articles had been given to respondent-wife - She gave affidavit expressing her desire not to persue the criminal case - Case is not likely to result in conviction - Held - Proceedings and FIR quashed in the interest of justice - Petition allowed.
29.
Dr. Krishan Kumar Versus Sunil
Hon'ble Justice(s) : H.K.Sandhu
P & H High Court
Subject(s) : Second complaint - Maintainability, Quashing of summoning order, Suppression of material facts
Indian Penal Code
Section(s) : 406, 498-A, 506 Year(s) : 1993
Citation(s) : 1993(2) RCR (Criminal) 8
Sec. 482 Cr.P.C. - Complaint - Second on the issue and facts similar to the first one - Fact of dismissal of earlier complaint on ground of default on part of complainant to appear, not disclosed in second complaint - No exceptional circumstances mentioned which could justify the filing of second complaint - Held - Second complaint, a gross abuse of process of Court - Complaint, order for summons and proceedings quashed - Petition allowed.
30.
Faqir Chand and others Versus State and others
Hon'ble Justice(s) : H.K.Sandhu
P & H High Court
Subject(s) : Dowry demand, Quashing of proceedings
Indian Penal Code
Section(s) : 406, 404 Year(s) : 1994
Citation(s) : 1994(3) C.C.Cases 23 (HC)
Offence under - Father of deceased daughter complained against husband and father-in-law regarding alleged demand of dowry and maltreatment - Dowry items retained by in-laws - During pendency of proceedings, mutual settlement arrived at between the parties as the claim of complainant was satisfied between parties, leading to the quashing of proceedings.
31.
Harbans Lal Versus Rama Rani
Hon'ble Justice(s) : B.S.Nehra
P & H High Court
Subject(s) : Quashing of inquiry order, Absence of specific allegation, Vague allegations, False implication
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1992
Citation(s) : 1992(1) RCR (Criminal) 682
Offence u/s 406, 498-A IPC r/w Sec. 340 IPC - Petitioners, parents-in-law of respondent, charged with said offence in an complaint - Complaint was related to maltreatment, cruelty and return of stridhan - However, Magistrate has refused to issue process against them - Husband was entrusted to return the articles - However, ASJ ordered Magistrate to institute inquiry against the petitioners - Petition for quashment of order of ASJ - High Court held that in absence of specific allegations regarding maltreatment and entrustment of stridhan against petitioners, no inquiry can be made against them - Such persons cannot be arraigned in such proceedings - Respondent in the instant case is trying to implicate petitioners by baseless and vague allegations - Impugned order set aside - Petition allowed.
32.
Devender Kumar Versus State and others
Hon'ble Justice(s) : A.K.Singh
Rajasthan High Court
Subject(s) : Desertion by husband, Cruelty
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1997
Citation(s) : III(1997) CCR 24
Criminal breach of trust - Cruelty - Husband deserting wife - Whether amounts to cruelty? [No] - Meaning of "cruelty" - Varying types of cruelty do not always come under the ambit of Sec.498A - Held - Office not established - "Cruelty" under explanation to Sec. 498-A IPC - Meaning - Discussed.
33.
Chander Prakash @ Chander Versus State
Hon'ble Justice(s) : P.K.Bahri
Delhi High Court
Subject(s) : Appreciation of evidence - Acquittal
Indian Penal Code
Section(s) : 300, 302, 34, 120-B, 406 Year(s) : 1995
Citation(s) : 1995 CRI. L. J. 3028, 1995(2) C.C.Cases 429 (HC), II(1995) CCR 322 (DB), 1995 JCC 665
Husband killed by wife with the help of co-accused - Reason for killing that wife was illicit relation with co-accused - Case diary tempered by the IO by inserting some pages - Where statement of child witness not recorded promptly - And vital improvements in testimony - Possibilities of witness being tutored cannot be overlooked - Held - It is not safe to place reliance on such testimony unless corroborated by any other evidence - Set aside the order of Trial Court - Conviction not maintainable - Appeal allowed.
34.
Chandra Parkash and others Versus State and others
Hon'ble Justice(s) : Usha Mehra
Delhi High Court
Subject(s) : Quashing, Cruelty and demand of dowry not mentioned in divorce petition - No effect in criminal case
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1996
Citation(s) : 1996 CRI. L. J. 3443, 1996(2) C.C.Cases 344 (HC)
Petition filed u/s 482 of the code for quashing the complaint on the grounds that the details of the demand of dowry and cruelty were not made in divorce petition filed by the complainant was not tenable as truthfulness regarding the complaints cannot be entertained by invoking inherent powers of the High Court u/s 482 of the code - No merits - Held - Petition dismissed.
35.
Dhan Raj Thapar and others Versus State and others
Hon'ble Justice(s) : Ujagar Singh
P & H High Court
Subject(s) : Compromise, Payment to wife for withdrawal of case, Quashing of summoning order
Indian Penal Code
Section(s) : 406, 420 Year(s) : 1990
Citation(s) : 1990(2) C.C.Cases 346 (HC)
Wife / petitioner-3 claimed maintenance from husband u/s 125 Cr.P.C. - Husband filing suit against wife for divorce - Both withdrawing cases after compromise - Husband to pay Rs. 2 lakhs to wife in lieu of dowry articles through petitioner-1 - Draft delivered to wife by petitioner-1 after she surrendered her right in mutual consented divorce case - Divorce decree obtained afterwards - Husband claiming being cheated, as divorce decree should have been obtained before the payment - Held, no cheating done - Draft paid according to the terms of compromise - Corroborated in joint petition for divorce by mutual consent - Sec.482 Cr.P.C.- Complaint and order for summons quashed - Petition allowed.
36.
Bishamber Lal Suneja and others Versus Sunita Rani
Hon'ble Justice(s) : Harbans Singh Rai
P & H High Court
Subject(s) : Quashing of proceedings
Indian Penal Code
Section(s) : 406 Year(s) : 1989
Citation(s) : 1989 C.C.Cases 88 (HC)
Criminal breach of trust - Complaint u/s 4, 6 Dowry Act - Dismissed - Second complaint u/s 406 IPC on similar facts - Petition u/s 482 Cr.P.C. for quashing of proceedings - Allegations regarding entrustment of specific dowry articles to specific accused not made - Also it was not mentioned as to how accused persons had misappropriated the same - Effect of - Held - Proceedings quashed - Petition allowed.
37.
Charanjit Singh Versus State
Hon'ble Justice(s) : V.S.Agarwal
P & H High Court
Subject(s) : Territorial jurisdiction, Dowry demand
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1996
Citation(s) : 1996(3) RCR (Criminal) 233
Territorial jurisdiction - Marriage took place at Jalandhar, where dowry articles were also given - Parents of bride reside at Panipat - Accused made demand for dowry at Panipat after the marriage and insisted that only after being paid Rs. 4 lacs, they would take bride to matrimonial house - Registration of FIR u/s 498-A, 406 IPC at Panipat - Whether Court at Panipat has territorial jurisdiction to entertain the complaint? - Yes, as cause of action partly arose at Panipat.
38.
Darshan Lal and others Versus State and others
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Abuse of process of Court, Complaint against relatives of husband, Vague allegations
Indian Penal Code
Section(s) : 406, 405 Year(s) : 1991
Citation(s) : 1991(2) Crimes 77, 1991(2) C.C.Cases 373 (HC)
FIR filed by wife u/s 406 IPC alleging retention of her dowry articles - Quashing of - Petitioners, except the husband were involved in litigation just to wreck vengeance - Allegations qua them were vague - However, allegations were specifically made against the husband whose case is distinguishable from the other petitioners - Held - Dragging of relations of husband into the prosecution amounts to abuse of process of law - FIR qua petitioners except husband quashed - Petition partly allowed.
39.
Desh Ram Pal Versus State
Hon'ble Justice(s) : Usha Mehra
Delhi High Court
Subject(s) : Limitation, Entrustment
Indian Penal Code
Section(s) : 406 Year(s) : 1993
Citation(s) : 1993 JCC 50
Misappropriation of dowry articles - Wife filed complaint against husband alleging retention of her dowry articles lying with husband - Petitioner for quashing complaint on ground of limitation - For last 15 years, wife is at her parental house - Demanding return of her dowry articles from the husband / petitioner to which husband denied - Instant complaint - Whether time barred complaint? [No] - Held - Although entrustment made 15 years ago, but limitation effective from the date of demand and subsequent refusal by opposite party - Complaint, as made on 2.3.1992, not barred by limitation - Complaint maintainable
40.
Champa Rani and others Versus State and others
Hon'ble Justice(s) : S.D.Bajaj
P & H High Court
Subject(s) : Difference between Complaint case and a case institution on police report, Direction to register the case - Validity
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1990
Citation(s) : 1990(2) C.C.Cases 307 (HC)
Case registered on direction of Magistrate in terms of Section 156(3) Cr. P. C. on the complaint filed by the complaint before the court - Basic distinction between complaint case and a case institution on a police report - Held - Judiciary should not transgress police jurisdiction and make orders - This creates a bad precedent - Complaint and the proceedings based upon quashed - Petition allowed.
41.
Col. Shamsher Singh Versus State
Hon'ble Justice(s) : S.S.Nijjar
P & H High Court
Subject(s) : Compounding of offence, Quashing of FIR
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 2001
Citation(s) : 2001(1) RCR (Criminal) 234
Compounding of offence u/s 320 Cr.P.C. - Section 482 Cr.P.C. - FIR lodged u/s 406, 498-A IPC was quashed by the High Court in view of compromise reached between the parties.
42.
Harinder Singh and others Versus State and others
Hon'ble Justice(s) : K.S.Gupta
Delhi High Court
Subject(s) : Violation of condition of settlement in civil suit, Quashing of FIR
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1999
Citation(s) : IV(1999) CCR 33
Misappropriation of Istridhan / cruelty - Dissolution of marriage between petitioner-1 and respondent-2 by way of settlement - Conditions of settlement mentioned in joint statement of the parties - Despite that, petitioner-1 was vigorously pursuing the guardianship petition filed by him, before Guardianship Judge - Petitioner seeking quashing of FIR not on plea that no prima facie offence is being made out from allegations made in FIR, but on premises that respondent-2 had given undertaking in terms of settlement, not to proceed further and to aid in its withdrawal - Held - Unless petitioner-1 complies with obligation on their part by withdrawing guardianship petition, they cannot rely on statement given by respodent-2 in criminal proceedings and claim the relief - No ground to quash criminal proceedings - Petition dismissed.
43.
Bal Kishan and others Versus Poonam Verma
Hon'ble Justice(s) : I.S.Tiwana
P & H High Court
Subject(s) : Quashing of proceedings, Juvenile, Entrustment
Indian Penal Code
Section(s) : 405, 406 Year(s) : 1987
Citation(s) : 1987(1) RCR (Criminal) 657 , 1987 C.C.Cases 429 (HC)
Wife filing complaint against her husband and other relations for offence u/s 406, 405 IPC alleging that the accused persons turned her out of from the house and refused to return her dowry articles - Summons order issued - Petition u/s 482 Cr.P.C. for quashing of summons order and consequent proceedings - Wife did not made any allegations of entrustment of dowry articles - Most of the petitioners were minor on alleged date to incident - Effect of - Held - Complaint and consequent proceedings amounts to misuse of process of Court - Quashed against petitioners except qua husband - Petition allowed.
44.
Bagh Singh and others Versus State of and others
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Territorial jurisdiction
Indian Penal Code
Section(s) : 498-A, 406, 109 Year(s) : 1991
Citation(s) : 1991(2) Crimes 83
Offences under - FIR - Petition u/s 482 of the Code to quash FIR and consequent proceedings - Territorial jurisdiction - Offence u/s 498-A IPC committed in District Ropar - Thus, it is not within the competent jurisdiction of the Court at Ambala to investigate and try the accused for offence u/s 498-A IPC - Also, offence u/s 406 IPC was not made out as there was no specific allegation of entrustment of articles to any of the accused - Held - FIR and proceedings flowing therefrom quashed - Petition allowed.
45.
Bairo Prasad and others Versus Laxmibai Pateria
Hon'ble Justice(s) : B.M.Lal
Madhya Pradesh High Court
Subject(s) : Limitation
Indian Penal Code
Section(s) : 406 Year(s) : 1991
Citation(s) : 1991 CRI. L. J. 2535
Complaint for offence u/s 406 IPC - Misappropriation of Istridhan - Case u/s 406 IPC prima faciely made out - Limitations for taking cognizance - Held - Where complainant viz. daughter-in-law alleged that her in-laws did not pay heed to her repeated demands for return of her istridhan, Sec. 472 Cr.P.C. and not Sec. 468 Cr.P.C. would apply for taking of cognizance of offence.
46.
Bawa Singh and others Versus State and others
Hon'ble Justice(s) : G.S.Chahal
P & H High Court
Subject(s) : Territorial jurisdiction, Complaint against relatives of husband
Indian Penal Code
Section(s) : 498-A, 406 Year(s) : 1991
Citation(s) : 1991(2) RCR (Criminal) 20, 1988-91 C.C.Cases 403 (Supp.)
Sec. 406 / 498-A IPC - Acts of cruelty committed at matrimonial home at Gurdaspur - Wife thereafter stayed with her parents at Ambala - No jurisdiction vested in Ambala court for offence u/s 498-A - Details of articles entrusted to individual petitioners not given - Fact that complainant stayed with husband for a period of four years show that complaint may be confined to husband alone - Held - Proceedings against in-laws except the husband quashed.
47.
Adarsh and others Versus State and others
Hon'ble Justice(s) : H.S.Brar
P & H High Court
Subject(s) : Vague allegations, FIR - Reliability, Complaint against relatives of husband
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1992
Citation(s) : 1992(1) RCR (Criminal) 667, II(1992) CCR 1265
FIR under by wife against entire family of husband-accused for misappropriation of stridhan - Allegations neither appealing to common sense nor seem probable - Vague - Held - FIR as regards sister, brother and brother''s wife quashed as before groom''s parents they are not supposed to accept dowry - FIR - Value of - In such cases usually estranged wife can even go to extent of implicating as many relatives as possible - No rule that averments made in FIR to be taken as gospel truth.
48.
Bhupinder Kaur Verses S. Ajaib Singh
Hon'ble Justice(s) : J.M.Tandon
P & H High Court
Subject(s) : Ingredient of offence
Indian Penal Code
Section(s) : 406 Year(s) : 1982
Citation(s) : 1982 C.C.Cases 26 (HC)
Criminal breach of trust - Complaint by husband against wife and her parents - For misappropriation of ornaments given by the husband - Petition for quashing of complaint - Held - Articles given at the time of marriage to the wife become her own - Proceedings quashed - Petition allowed.
49.
Deepak Sharma Versus State
Hon'ble Justice(s) : A.P.Chowdhri
P & H High Court
Subject(s) : Omission to use words entustment / demand - Effect, Duty of police to recover / return dowry items, Cruelty - Meaning
Indian Penal Code
Section(s) : 406, 498-A Year(s) : 1988
Citation(s) : 1988-91 C.C.Cases 116 (Supp.)
Criminal breach of trust - Cruelty - What? - "Cruelty" includes unlawful demand of property - Does not include ''entrustment'' or ''demand'' - FIR includes complaint regarding demand of money and, failure to fulfill the demand resulting in her beating and attempt to strangulation - Not allowing to collect her clothes and forbidding her to enter house for ever, constitutes criminal breach of trust even when specific words ''entrustment'' and ''demand'' were not used - Recovery and return of dowry items not forming part of legal obligation by the police, but a part of investigation - Such articles if unclaimed by husband or any other relative of husband furnish proof that certain items of dowry which were recovered were given at the time of marriage - Held - Plea that purpose of filing the complaint is merely to recover the item of dowry is not tenable and the real purpose of complaint being to punish the guilty under the law - Definition of ''Cruelty'' - Discussed - Petition dismissed.
50.
Bimla Devi and others Versus State and others
Hon'ble Justice(s) : J.S.Sekhon
P & H High Court
Subject(s) : Incomplete complaint
Indian Penal Code
Section(s) : 405, 406, 420 Year(s) : 1991
Citation(s) : 1991(1) RCR (Criminal) 470, 1991(2) C.C.Cases 211 (HC)
Cheating - Criminal breach of trust - Misappropriation of dowry articles - Maintenance application against husband u/s 125 Cr.P.C.- No requirement of mention of allegations in the application - Complaint not specific as to which articles given as gifts to parents in-law - However, theses form part of the property in her matrimonial home - Held - Normal practice to give away gifts to the relatives of bridegroom - Immaterial whether they were living separately - Complaint against the in-laws not specifying which gifts marked for which person on the bridegroom''s side - Allegations not found to be fabricated or a result of afterthought - Offence u/s 406 established.
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 anticipator
