Tag Archives: dowry case

HC quashes dowry case against NRI brothers. Indian courts can’t hear matter if demand made abroad

Screenshot - 2_17_2018 , 11_13_47 AM

HC quashes dowry case against NRI brothers

Says Indian courts can’t hear the matter if demand for money is made abroad

Source : THE TRIBUNE, PUNJAB

Posted at: Feb 15, 2018, 1:23 AM; last updated: Feb 15, 2018, 1:23 AM (IST)

Saurabh Malik

Tribune News Service

Chandigarh, February 14

The Punjab and Haryana High Court has ruled that dowry demand raised abroad can’t be tried by courts in India. The HC quashed a dowry harassment case against two NRI brothers, accused of instigating their brother to such a demand.

“In the instant case, even if there was instigation at the behest of the petitioners for demand of Rs 5 lakh from the complainant, the demand was raised outside the territorial jurisdiction of Bathinda. Therefore, the courts are not competent to entertain the matter,” Justice Jaishree Thakur ruled.

Justice Thakur said specific role, injury, dowry demand, entrustment of dowry articles, “istridhan” or its misappropriation was not attributed to the petitioners. “It is apparently clear that the FIR has been registered against the petitioners only to harass the family,” the judge added.

The ruling came on a bunch of two petitions filed against Punjab and other respondents by Rajesh Kumar Gupta and Rakesh Kumar Gupta through counsel RS Bajaj. They were seeking the quashing of an FIR dated July 14, 2012, registered at Kahnwan police station in Pathankot district under Sections 406, 498-A, 420 and 34 of the IPC. Directions were also sought for quashing all consequential proceedings. Bajaj told Justice Thakur’s Bench that the petitioners’ brother and the complainant got married in 2006. Subsequently, the parties resided together in England. No complaint was made during that time before the authorities there or during their annual visits to India. A perusal of the FIR also did not reveal that the petitioners attended the marriage ceremony; or that there was any entrustment of dowry articles.

After hearing Bajaj and going through the documents, Justice Thakur referred to the reply filed in the matter before observing that the petitioners were permanent residents of England and residing separately at a distance of 175 km from the complainant’s matrimonial home. “Even if, for the sake of argument, it is taken into account that the petitioners instigated their brother to raise a demand of Rs 5 lakh from the complainant, it was a demand that was raised in England, outside the territorial jurisdiction of the courts in Bathinda. Therefore, the offence, if any, had been committed in England,” Justice Thakur added.

Referring to a similar case before the Supreme Court, she said the parties were residing in Canada, but the FIR was registered in Jalandhar, alleging demand of dowry and misappropriation of dowry articles. “The proceedings were quashed, holding that the Jalandhar court would have no jurisdiction to entertain the matter,” she concluded.

 

 

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Dowry case – FIR quashed !!

#Dowry #498a #Quash
Dowry harassment—When the allegations are shown to be non-specific and not of the degree of seriousness contemplated in law, and when the applicants accused are shown to be living separately coupled with attendant facts and aspects noticed and noted, the alleg mations become too bald to be sustained in law—FIR quashed. : 2017 (2) LRC 465(Guj)

Wife files dowry case & husband locked up ..2 years after Arneesh kumar !!

Thought the Honourable Supreme court has categorically stated that Husbands (other others ) should NOT be arrested on the mere complaint of a woman (in cases where the punishment is less than 7 years), in the famous case of Arneesh Kumar Vs State, ( Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)) ) there are umpteen cases where the husbands are arrested without court order and immediately following the wife’s complaint !!

Here is one such case from Tamil Nadu, where the husband is arrested by the police and there is NO mention of any court’s direction / order to arrest the husband

This happens day in and day out as husbands are subject to arrest and humiliation so that they can be milked high and dry !

screenshot-27_09_2016-13_09_55

1 more Dowry case on 9 people within 7 months of marriage !! Theni, TN, June 25 2016 !!

Just now we blogged a news item saying a dowry case has been booked on NINE people from the husband’s family !! Now we read ONE MORE such case, where a CRIMINAL case has been booked on nine members of the husband’s family …. Sadly, we realise this is NO repetition as the accused person’s name are different !!

Free translation :

Theni, Tamil Nadu. June 25, 2016 !!

A criminal case has been booked on NINE people including a soldier from the army. AngayarkaNNi (27), daughter of Sekkizar was married to Manikandan (30), son of Balasubramaniam . Sekkizaar (girl’s father) works in the armed police at Theni. The married was held in November 2015

It is now alleged that Manikandan (the husband) and his mother Rajeshwari and a TOTAL of NINE relatives are torturing angayarkaNNi , for dowry !!

It is said that, angayarkaNNi filed a complaint with the Madurai branch of the Madras HC and based on HC orders a case has been registered on NINE of the husband’s family !

source : http://www.dinamalar.com/news_detail.asp?id=1550369

Screenshot - 27_06_2016 , 09_36_19

Dowry case on NINE of husband’s family, 4 years after marriage & a MALE kid. Case filed 1000 KM away !!

All it takes to book nine people in a CRIMINAL case in India is a phone call or a few lines from the wife !! A wife can lift the phone call the toll free and “voila” the husband and his family are “booked”

A CRIMINAL case has been registered on NINE people from the husband’s family , JUST based on a complaint an a well qualified engineer wife working @ Hyderabad, 1000 KM away!!! . Conveniently the case has been booked at theni, Tamil Nadu, while the husband is (also) working at Hyderabad !

Free translation of the news as follows. 

Theni, Tamil Nadu, June 27 2016 : A case has been registered against NINE people of the husband’s family based on a complaint by the wife, on Sunday, June 26th 2016 (please note that the news says Sunday !! so obviously this is a 24 x 7 service available !!)

PonmaNi, (aged approx 25) , daughter of Swaminathan from Periyakulam, married Surendran (27) son of Sundaramurthy from ThiruvaNNamalai in 2012. They have a male child. Ponmani an Engineering graduate !!, and Surendran are working in a private company at Hyderabad

In the meanwhile, Ponmani preferred a complaint with the Theni district inspector of police, stating that her husband and family are torturing her for dowry. The police have registered a case NINE people from Surendran’s (husband’s )  family !!

It is pertinent to note that the husband and wife in question (PonmaNi and Surendran) are living a a city approx 1000 KM from the place of complaint !! and God know how 9 people reached there to torture the woman !! (Theni Tamil Nadu to Hyderabad Telangana)

Screen shot and news source are give below :

source : http://bit.ly/28WkPWv

Screenshot - 27_06_2016 , 08_56_45