Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court
11 months, 3 weeks ago

Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court

Live Law  

The Telangana High Court has held that omnibus allegations under Section 498 A of the Indian Penal Code do not warrant prosecution. But, 2 years later, the investigating authority filed an additional charge sheet against the petitioners herein. It is not known why the investigating officer filed the initial charge sheet examining the parents of the third respondent they were available," it stated. The Bench further noted that all of the information, based on which the subsequent charge sheet was filed, was present with the investigating authority, even at the time of filing the first chargesheet, and that the entire information was omnibus.

High Court Charge Sheet Petitioners Omnibus Allegations  petitioners  filed  high  court  witnesses  charge  independent  cruelty  prosecution  respondent  sheet  warrant  ipc  investigating  allegations  parents  telangana  498a  omnibus

History of this topic

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
1 week, 4 days ago

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

Live Law  

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498 of the Indian Penal Code. With this, the court quashed the chargesheet and the proceedings initiated by the woman against her husband and her husband's relatives …

Limitation For Prosecuting One Under Section 498A IPC Will Commence From Last Incident Of Cruelty: Bombay High Court
1 month, 3 weeks ago

Limitation For Prosecuting One Under Section 498A IPC Will Commence From Last Incident Of Cruelty: Bombay High Court

Live Law  

The Bombay High Court recently held that that the point of limitation under section 468 of the Criminal Procedure Code for an offence under section 498-A of the Indian Penal Code shall commence from the last act of cruelty. "We are of the opinion that limitation for offence punishable under section 498-A of the IPC shall commence from the last …

Telangana Legal Briefs | State’s reply sought on non-constitution of new animal welfare board
1 month, 4 weeks ago

Telangana Legal Briefs | State’s reply sought on non-constitution of new animal welfare board

Deccan Chronicle  

HYDERABAD: A two-judge panel of the Telangana High Court directed the government to file its reply with regard to the allegation that although the tenure of Telangana State Animal Welfare Board was over, no new board has been constituted. It was the case of the petitioner that the state had failed to ensure compliance of the Prevention of Cruelty to …

Telangana legal briefs | Letter on animal cruelty treated as writ plea
2 months, 1 week ago

Telangana legal briefs | Letter on animal cruelty treated as writ plea

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court, comprising Acting Chief Justice Sujoy Paul and Justice G. Radha Rani, on Wednesday took on record a letter dated April 30, 2024, highlighting alleged lapses in the state’s enforcement of the Prevention of Cruelty to Animals Rules, 2016. Fill up GMH posts immediately HC A two-judge bench of the Telangana High …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 2 weeks ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

Lokayukta orders cases against funds misuse
2 months, 4 weeks ago

Lokayukta orders cases against funds misuse

Deccan Chronicle  

Karimnagar:The Telangana Lokayukta, Justice C.V. Ramulu, on Tuesday directed district collector to register criminal cases against those involved in misappropriation of funds in Buggaram gram panchayat in Jagtial district. The district unit president of the Telangana Jana Samithi party, Chukka Ganga Reddy, along with villagers had repeatedly filed complaints during the BRS government regarding large-scale misuse of funds in Buggaram …

HC gives relief to the Speaker in 2019 case
2 months, 4 weeks ago

HC gives relief to the Speaker in 2019 case

Deccan Chronicle  

Hyderabad:In a relief to Telangana Assembly Speaker Gaddam Prasad Kumar, the Telangana High Court quashed the proceedings filed against him for the crime registered during the 2019 Lok Sabha elections. G. Prasad Kumar, who served as an MLA until 2018, along with Konda Vishwesheshwar Reddy, T. Ram Mohan Reddy, former MLA Pargi, Pilot Rohit Reddy, MLA Tandur, A. Sudhakar Reddy, …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Karnataka High Court Stays Probe In Cruelty Case Lodged Against Husband 'For Caring More For Pet Cat Than Wife'
3 months, 2 weeks ago

Karnataka High Court Stays Probe In Cruelty Case Lodged Against Husband 'For Caring More For Pet Cat Than Wife'

Live Law  

The Karnataka High Court on Thursday stayed all further investigation in a cruelty case lodged against a man, after noting that instead of alleging cruelty the wife's complaint primarily alleged that her husband took more care of their pet cat than her. Finding that offence of IPC Section 498A is not made out, the court underscored that such frivolous cases …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 2 weeks ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court
3 months, 2 weeks ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times  

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering
5 months ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate the persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering
5 months ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
6 months ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months, 1 week ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 3 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Telangana HC Criticises Cops for Adding NRIs as Accused in Dowry Case
11 months, 1 week ago

Telangana HC Criticises Cops for Adding NRIs as Accused in Dowry Case

Deccan Chronicle  

Hyderabad: The Telangana High Court faulted the police for arraying some non-resident Indian family members as accused in a case of dowry harassment case and cruelty against women, on general allegations two years after filing the final chargesheet. The court pulled up the police for filing supplementary charges on their own, after the Judicial Magistrate had taken cognisance of the …

Telangana HC seeks data of cases against MPs, MLAs
1 year, 4 months ago

Telangana HC seeks data of cases against MPs, MLAs

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice T Vinod Kumar directed the Registrar General of the High Court to place before it a status report of all cases pending against MPs and MLAs in all courts across the state. Arrest sought over farmers’ dues Justice P. Madhavi Devi of the Telangana …

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 4 months ago

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court

Live Law  

Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal …

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 5 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18  

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

HC suggested to file murder FIR against 10 cops in Disha rape encounter case
2 years ago

HC suggested to file murder FIR against 10 cops in Disha rape encounter case

Deccan Chronicle  

HYDERABAD: Senior counsel Desai Prakash Reddy, who is the amicus curiae in the case of wrongful encounter of suspects in the Disha rape and murder case, on Monday suggested the Telangana High Court register an FIR of murder against the 10 police officers who took part in the encounter. Sirpurkar Commission for an inquiry, which submitted a report, following which …

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court
2 years, 1 month ago

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court

Live Law  

There is no embargo on quashing a case emanating from a matrimonial dispute even after conviction when an appeal is pending, the Bombay High Court said while quashing a domestic violence case filed by the wife against her husband and in-laws. A division bench of Justices Anuja Prabhudessai and RM Joshi observed that the high court's powers under Section 482 …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

"Don't Register Multiple Cases On Same Allegations": Telangana HC Directs DGP In Case Of Journalist-Youtuber Facing 35 FIRs
3 years, 5 months ago

"Don't Register Multiple Cases On Same Allegations": Telangana HC Directs DGP In Case Of Journalist-Youtuber Facing 35 FIRs

Live Law  

The Telangana High Court last week directed the Telangana State's Director General of Police to refrain from registering multiple FIRs on the same allegations against a Journalist-YouTuber facing multiple FIRs on allegations of using abusive and derogatory language against the Chief Minister of Telangana, K. Chandrashekar Rao, and his relatives.The bench of Justice K. Lakshman was hearing. and the guidelines …

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court
3 years, 8 months ago

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while …

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]
5 years, 4 months ago

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]

Live Law  

The Supreme Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offence levelled by his wife under Section 498-A of Indian Penal Code, it cannot be said that no cruelty has meted on him.In this case, the High Court had refused to grant divorce to the husband by observing that …

Section 498A IPC : Recent Supreme Court Judgments
5 years, 9 months ago

Section 498A IPC : Recent Supreme Court Judgments

Live Law  

498A Complaints Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter In this case, three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the following question: "Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives …

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