Matrimonial Disputes - The Legal Chamber

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

12Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

The Supreme Court of India quashed criminal proceedings against the Appellant, finding that the alleged sexual assault and unnatural sex charges under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC were not established. The Court held that the relationship was consensual, not based on a false promise to marry, and the complaint was likely motivated by a "disgruntled state of mind". The case fell under categories for quashing criminal proceedings to prevent abuse of process of law. Facts Of The Case: This appeal arises from the dismissal of Amol Bhagwan Nehul's petition to quash Criminal Case C.R. No. 490/2023, registered on July 31, 2023, for alleged offenses under Sections 376, 376(2)(n), 377, 504, and 506 IPC. The Complainant, Respondent No. 2, alleged that the Appellant forci...

Supreme Court Acquits Husband in Dowry Case under 498A IPC | Highlights Misuse of Dowry Prohibition Act, 1961

The Supreme Court acquitted the appellant under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, holding that vague and unsubstantiated allegations without specific instances or corroborative evidence cannot sustain a conviction. The Court emphasized that mere allegations of cruelty or dowry demand, unsupported by material particulars, fail to meet the legal threshold. It cautioned against the misuse of protective laws to rope in family members without concrete proof, reaffirming that prosecution must establish guilt beyond reasonable doubt. The judgment highlights the necessity of precise allegations and independent evidence in matrimonial offences. Facts Of The Case: The case revolves around allegations of dowry harassment and cruelty under Section 498A of...

Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”

The Supreme Court dismissed a Special Leave Petition challenging the High Court's quashing of criminal proceedings under Sections 498A, 325, 506 IPC and Dowry Prohibition Act. The Court upheld the invocation of Section 482 CrPC, finding the complaint contained material inconsistencies and amounted to an abuse of process, while emphasizing the need for cautious scrutiny of matrimonial cases involving extended family members. The judgment reaffirmed judicial discretion to prevent misuse of criminal proceedings in family disputes. Facts Of The Case: The petitioner, Disha Kapoor, filed a criminal complaint under Section 156(3) CrPC against her husband and nine relatives, including in-laws and extended family members, alleging offenses under Sections 498A (cruelty), 325 (voluntarily causing g...