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(2024) Law Today Live Doc. Id. 19918
Decided on: 12.12.2024
Indian Penal Code, 1860 (45 of 1860), Section 498A – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cruelty – Quashing of FIR -- Whether demand of dowry is pre-requisite – Held, an unlawful demand for dowry is not a pre-requisite element to constitute "cruelty" under Section 498A IPC -- High Court's decision to quash the proceedings primarily influenced by the lack of a dowry-related demand in the case -- Allegations made by the Appellant, which detail instances of physical abuse and harassment, fall within the scope of "cruelty" as defined under clause (a) of Section 498A IPC – Appeal allowed, decision of High Court set aside.
(Para 13-18)