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Samaul Sk. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kishan Kaul, J.
1. Hena Bibi, respondent No.2/complainant claimed to be the legally married wife of the appellant, the marriage having been solemnised on 8.2.2000 as per Muslim customs & rites. It may be noticed that the appellant was already married to one Mastra Bibi and he apparently had illicit relationship with respondent No.2, which culminated in their marriage. The two parties are stated to have lived as husband and wife in the house of the appellant for about a year and a half and two children were born out of the said marriage.
2. It is the case of respondent No.2 that on the instigation of the first wife, the appellant started mental and physical torture and made demands of dowry and respondent No.2 had to ultimately go back to her parents’ house. It may be noticed that during this period that respondent No.2 conceived for the second time. It is not necessary to go into more details but suffice to say that the alleged demand of dowry resulted in PCR No.310 of 2006 being lodged in the Court of Sub Divisional Judicial Magistrate (for short ‘SDJM’), Pakur for offences under Section 498A of the Indian Penal Code, 1860.
3. The case went to trial and in terms of t
(1) Object of any criminal jurisprudence is reformative in character and to take care of victim.(2) Objective of Section 357 of Code of Criminal Procedure is to apply whole or any part of fine recove....
The court affirmed that testimony from relatives regarding dowry demands can establish groundwork for cruelty; sentencing of the elderly defendant was mitigated under the Probation of Offenders Act.
The court established that the application of the Probation of Offenders Act must consider the nature of the offence and that procedural requirements, such as obtaining a probation officer's report, ....
The court emphasizes the importance of mediation in matrimonial disputes and grants provisional bail based on the parties' willingness to settle.
The court established that the elements of dowry death were sufficiently proven, allowing leniency in sentencing for the aged appellant under probation.
The central legal point established in the judgment is the court's authority to quash criminal proceedings arising from a matrimonial dispute when a compromise has been reached between the parties, a....
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