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SANJAY KUMAR DWIVEDI
Chandan Kumar Goswami @ Chandan Goswami – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Mahesh Tewari, learned counsel appearing for the petitioner, Mr. Abhay Kumar Tiwari, learned A.P.P. for the State and Mr. Arun Kumar Dubey, learned counsel appearing for the O.P. No. 2.
2. This petition has been filed for quashing of the order dated 03.10.2019, whereby cognizance for the offence under Sections 493 and 496 of the Indian Penal Code has been taken against the petitioner, including the entire criminal proceedings, arising out of a Complaint Case No.3467 of 2019, pending in the Court of learned Judicial Magistrate-cum-A.M.-V, Ranchi.
3. The complaint was filed by the complainant Anita Kumari Goswami, stating therein that the complainant and the petitioner came to know each other through Facebook in the year 2015. Then petitioner came to complainant’s house at Ranchi with his father and brother then complainant also went to work place and proposed to the complainant for marriage. Even parents and other family members came to see her and gave their consent for marriage and Rs.5,00,000/- was fixed for marriage and they also took Rs.1,50,000/- during the petitioner was working at Agartalla, Tripura and further alleged that the petitioner proposed the compl
The jurisdiction of the court at the place where the wife takes shelter after leaving the matrimonial home and the application of Sections 493 and 496 of the Indian Penal Code were central legal prin....
The jurisdiction for an offence under S.498A IPC can exist where the consequences of cruelty are experienced, regardless of the initial place of occurrence.
The provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 apply only to the husband, not to in-laws, and mere delay in filing an FIR does not warrant quashing without further ev....
Acts of cruelty and sexual assault may be interconnected, allowing jurisdiction where the victim takes refuge post-marriage, reinforcing that psychological impacts persist beyond the matrimonial home....
The main legal point established in the judgment is that the courts at the place where the wife takes shelter after leaving or being driven away from the matrimonial home on account of acts of cruelt....
The main legal point established in the judgment is the significance of specific allegations, consistent evidence, and the nature of evidence in upholding a conviction under Section 498(A) of the Ind....
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