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  Matrimonial Cases :
 
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"

  1. 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.
  2. 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.


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.
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.
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.
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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