Tag Archives: Dowry

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)

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whaat ??? can you rape your own wife ?? …that’s what this FIR says :-(

Now… Now… Now this FIR claims that this man raped his OWN WIFE !!!Well… Well…Well… is that possible ?

Is every pre marital sex Rape ?

or Is every act of sex outside marriage Rape ?

IF NOT how did the police file the FIR ?? just blindly ? just because the woman brought the FIR ?? or ??

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Gurgaon executive booked on dowry harassment charge

, TNN | Sep 23, 2012, 02.02AM IST

GURGAON: A private company executive has been booked for alleged dowry harassment and alleged rape of his wife. According to the FIR lodged at the Sector 56 police station, the couple had had a love marriage and the husband, a native of Amritsar, had left the woman and has been on the run.
The victim Siksha (name changed), a senior executive in a private firm, has blamed her husband, Raman Singh Sahi in the FIR that he had been raped her before marriage a number of times and now has been demanding a huge sum of money as dowry.On the material front, everything was fine between the two for a few months after marriage but their relationship soured later and they quarrelled many times in the recent past.

The victim told police that she was physically assaulted many times after marriage. She claimed that Raman had ignored her feelings and had forced himself on her several times in recent months. It is not clear in the FIR as to when they got married, said police.

Police lodged an FIR based on the complaint by the victim under Section 376 and the Dowry Act. The victim was residing in the upscale Sun City residential society on Golf Course Road. The accused is also in a senior position in the same private firm as the victim. They had fallen in love as colleagues.

“We have tried to contact the accused but he has been on the run,” said a senior police officer.

source

Wife was a public prosecutor. She alleged that husband threatened to thow acid !!!

Both huband and wife are advocates and the marriage was a love marriage. Wife was a Public prosecutor. They had three children out of wedlock. Wife filed 498a, 506 and also obtained an ex parte div0rce in addition to custody of children

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Criminal revision pertion 381 of 2007
12th November 2010
High Court of Karnataka at Bangalore

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GIST
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Both huband and wife are advocates and the marriage was a love marriage.

After 3 years wife filed 498a against the husband. At the time of complaint wife was a Public prosecutor . After 498a, 506 complaints, she took custody of the 3 children. She also alleged that husband threatned her to throw acid on her face

HC has quashed the case considering it false

 

The HC stated and I quote

“….
7. “….so far as the allegations against other petitioners is concerned it must have been made to get rid of them to have domination over the husband and also have claim over the children. In the differences that arose between the family members with regard to partiing with the children, the complainant is shown to have filed the complaint and ultimately in routine course the charge sheet has been filed by the police. The trial court has relied upon the statement of some of the relatives of the complainant who are residing elsewhere and also some of the local witnesses of mandya. In the factual background of the case it is also possible that the respondent number 2 leading an independant life, having sufficient income, being an officer of the Prosecution Department, must have made up her mind to harass the petitioners…

8. Having regard to the facts and circumstances of the case, the impunged order passed by the Trial court dated 18.1.2007 in rejecting the application filed by the petitioners for discarge is set aside. Petition is allowed and the charge sheet filed against the petitioners is set aside, holding that there is no prima facie case against them …..”

Wife a PP – Husband also an acvocate – quash of 498a, 306 – CRLRP381-07-12-11-2010