Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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ILC-2014-SC-MAT-May-2

Swapnil and Others Vs. State of Madhya Pradesh

Head Note

Indian Penal Code,1860  - Section 498-A , Section 506

Quashing of FIR and Criminal Case - Love marriage -when earlier complaint was closed as civil disputes pending, no criminal case be registered on the same set of facts by adding criminal intimidation - living separately since April,2011- Restitution conjugal right filed - Pending a complaint in mahila Police station - complaint closed due to compromise - Restitution of conjugal rights also withdrawn - but a case under sec.498A,506 I.P.C. - High court refused to quash - Thereafter, she had lodged a complaint on 07.09.2023 before the very same police station - There is no question of any beating by the appellants as alleged by her - The relationship having got strained ever since April, 2011, even application for restitution of conjugal rights having been withdrawn on 16.04.2024 as the second respondent was not interested to live together, it is difficult to believe that there is still a demand for dowry on 30.04.2024 coupled with criminal intimidation - The allegations are vague and bereft of the details as to the place and the time of the incident - Allowed the appeal and quashed the case.

Topic(s)-Quashing of Charges – Cruelty – Quashed







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