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Matrimonial Cases :
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Article 20(2) of the constitution of INDIA.
"20(2) No Person shall be prosecuted and punished for the similar allegations / same offence more than once."
Section 300(1) Cr.P.C.
"300. Person once convicted or acquitted not to be tried for same offence :- (1) A Person who has
once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force,
not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different
charge from the one made against him might have been made under sub- section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof"
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High Court Case ref. I.L.R 2016 M.P., 273
MISCELLANEOUS CRIMINAL CASE,
Before Mr. Justice Sushil Kumar Gupta,
M.Cr.C. No. 1508/2014 (Gwalior) decided on 4 December, 2014
Ashish Vs. State of M.P & anr.
F.I.R and further proceedings are quashed / dismissed.
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High Court Case ref Madhya Pardesh
J.K Jain, J.
Swapnil Kolhe and others v. Smt. Kirti Kohle
Miscellaneous Criminal Case No. 8955 of 2013 (I);
Decided on 26.08.2014
The petition is allowed and the Complaint field by the
respondent u/s 12 of the Protection of Women from Domestic Violence Act
is quashed / dismissed.
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The Dowry Prohibition ACT, 1961
Section 3
Penalty for giving or taking dowry.-
(1) If any person, after the commencement
of this Act, gives or takes or abets the giving
or taking of dowry, he shall be punishable with
imprisonment for a term which shall not be less
than five years, and with the fine which shall
not be less than fifteen thousand rupees or the
amount of the value of such dowry, whichever is
more:
Provided that the Court may, for adequate
and special reasons to be recorded in the
judgment, impose a sentence of imprisonment for
a term of less than five years.
* * * Explanation I omitted by Sec.2
w.e.f 2nd October, 1985
(2)Nothing in sub-section (1) shall apply
to or, in relation to,-
presents which are given at the time of a
marriage to the bride (without nay demand having
been made in that behalf):
Provided that such presents are entered
in list maintained in accordance with rule made
under this Act;
presents which are given at the time of
marriage to the bridegroom (without any demand
having been made in that behalf):
Provided that such presents are entered
in a list maintained in accordance with rules
made under this Act;
Provided further that where such presents
are made by or on behalf of the bride or any
person related to the bride, such presents are
of a customary nature and the value thereof is
not excessive having regard to the financial
status of the person by whom, or on whose
behalf, such presents are given.
The Dowry Prohibition ACT, 1961
Section 4
Penalty for demanding dowry.-
(1)If any person demands directly or indirectly,
from the parents or other relatives or guardian
of a bride or bridegroom as the case may be, any
dowry, he shall be punishable with imprisonment
for a term which shall not be less than six
months but which may extend to two years and
with fine which may extend to ten thousand
rupees:
Provided that the Court may, for adequate and
special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of
less than six months.
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The Dowry Prohibition ACT, 1961
Section 7(3)
Notwithstanding anything contained in any
law for the time being in force a statement made
by the person aggrieved by the offence shall not
subject such person to a prosecution under this
Act. So no counter action under this Act will be taken aginst the complainant. |
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No Maintenance allowance to wife
Section 125(4) in The Code Of Criminal
Procedure, 1973
No Wife shall be entitled to receive an
allowance from her husband under this section if
she is living in adultery, or if, without any
sufficient reason, she refuses to live with her
husband, or if they are living separately by
mutual consent. |
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Free of cost
Section 24 in The Protection of Women
from Domestic Violence Act, 2005
Court to give copies of order
free of cost.—The Magistrate shall, in
all cases where he has passed any order under
this Act, order that a copy of such order, shall
be given free of cost, to the parties to the
application, the police officer-in‑charge of the
police station in the jurisdiction of which the
Magistrate has been approached, and any service
provider located within the local limits of the
jurisdiction of the court and if any service
provider has registered a domestic incident
report, to that service provider. |
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