Rs.199.00

498A Discharge Judgement 01.03.2023- In this article, the Calcutta High Court held that mere allegation of demand of dowry, and further torture upon the wife for non-fulfillment of dowry demand would not constitute an offense under Section 498A of IPC unless it is shown prima facie that such unlawful demand or cruelty has pushed the wife to her limits, and the complaint filed by the wife does not constitute a strong prima facie case against the husband and In-laws. The complaint filed by the wife is a result of only concoction and after thought of plan of action, the wife has emerged to fulfill personal vengeance against the husband and In-laws, and the criminal proceedings against them appear to be gross abuse of the process of the court, and it is not free from the malice. Therefore, the criminal proceedings against the Husband and Five In-laws are hereby quashed.

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