Bombay High Court calls 498A FIR filed by woman vague, quashes harrasment case
'According to the own averment of the woman, she was not subjected to any harassment on the count of dowry or any other issues till the year 2021. As such, for 11 years, she has cohabited with her husband and family members without any grievance,' observed the bench.advertisement'It is further pertinent to note that the woman, after the period of 12 years, lodged police complaint against the in laws mainly on the allegation that at the time of her marriage proper arrangement was not made. As such, prima facie, such allegations after a period of 12 of marriage, can't be accepted,' said the bench. The bench also stated that the allegations made by the woman is vague and omnibus in nature. 'Therefore, according to us, prima facie the prerequisites of Section 498-A of IPC are not satisfied in the present matter,' said the court while quashing the FIR and criminal proceedings against the family."The allegations made against the applicants seem to be motivated by a desire for retribution rather than a legitimate grievance,' the bench added. Section 498A of the Indian Penal Code deals with cruelty against married women by their husbands or relatives. It criminalizes actions that cause physical or mental harm, harassment, or demands for dowry.Must Watch
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Hans India
19 minutes ago
- Hans India
Gurugram land deal: ED seeks 7-year rigorous imprisonment for Robert Vadra
The Enforcement Directorate (ED) has sought a maximum of seven years of rigorous imprisonment for Robert Vadra and others in the tainted 2008 Gurugram land deal, shows the prosecution complaint filed by the probe agency at a Special PMLA court in Delhi. The probe agency has also sought confiscation by the government of 43 immovable properties allegedly acquired by Vadra and others using proceeds of crime (PoC) generated through money laundering. The Special PMLA court in Delhi has fixed August 28 to take cognisance of the ED complaint and issued a notice to Vadra. While elaborating on the mode of generation of PoC of money laundering by Robert Vadra in the land deal, the ED alleged in the complaint that the husband of Congress MP Priyanka Gandhi Vadra and other accused also committed a penal offence of dishonest or fraudulent execution of a deed of transfer containing false statements (Section 423 of Indian Penal Code). In its prosecution complaint filed in a Special PMLA court in Delhi, the ED sought a maximum of seven years imprisonment for Vadra and other accused under Section 4 (Punishment for money laundering) and suggested penal or criminal action for the fraudulent execution of the deed. 'The transfer deed was executed containing a false statement of consideration with regards to receipt of sale consideration by the seller from the buyer and with regards to the total amount of consideration as well, thereby violating the provisions of section 423 of IPC. The buyer had never issued the cheque to the seller and the cheque mentioned in the sale deed did not pertain to the buyer,' said the chargesheet. Alleging a loss of Rs 44 lakh caused to Haryana government in stamp duty, the ED said: 'The sale deed refers the valuation of the said land at Rs 7.50 crore, on the contrary the seller got the payment of Rs 7.95 crore on August 9, 2008 (against sale consideration and stamp duty); and Rs 7.43 crore on August 16, 2008 (additional sale consideration). The undervaluation of the land directly leads to evasion of stamp duty.' Earlier, the ED justified its decision to file the PMLA case in the Special Court in Delhi by claiming that all the accused, except one, reside in Delhi and all the entities associated with the accused, which are involved in the process of money laundering, are registered in the Delhi jurisdiction. It is submitted that the FIR in this case was filed by the Gurugram Police. However, the offence of money laundering was committed by the accused at various places/states including Delhi, Haryana, Punjab, Uttar Pradesh, Gujarat and Rajasthan. 'Further, most of the bank accounts of the entities associated with Vadra, identified as accused number 1, are also situated in Delhi and used by the accused in Delhi to acquire assets or to satisfy the liabilities of companies registered in Delhi,' it said. The ED said that Vadra received Rs 58 crore as proceeds of crime (PoC) of the involved money laundering and claimed that its investigation led to the provisional attachment of 43 immovable properties, totalling Rs 38.69 crore, identified as direct or value equivalent to Proceeds of Crime. Seeking confiscation of the 43 immovable properties, the ED said: 'The complaint is filed with the prayer to punish the accused persons under Section 4 (Punishment for money laundering,) which is a rigorous imprisonment for three to seven years and confiscation by the government of the properties earned by the accused as proceeds of crime.'
India.com
an hour ago
- India.com
ED Seeks 7-year Imprisonment For Robert Vadra In Gurugram Land Deal Case
The Enforcement Directorate has asked a special PMLA court in Delhi to award the highest punishment — seven years in prison — to Robert Vadra and others accused in the 2008 Gurugram land deal case. According to the agency's prosecution complaint, the ED has also urged the court to permit the government to seize 43 immovable properties that it claims were bought by Vadra and his associates using using proceeds of crime (PoC) generated through money laundering. The Special PMLA court in Delhi has fixed August 28 to take cognisance of the ED complaint and issued a notice to Vadra. While elaborating on the mode of generation of PoC of money laundering by Robert Vadra in the land deal, the ED alleged in the complaint that the husband of Congress MP Priyanka Gandhi Vadra and other accused also committed a penal offence of dishonest or fraudulent execution of a deed of transfer containing false statements (Section 423 of Indian Penal Code). In its prosecution complaint filed in a Special PMLA court in Delhi, the ED sought a maximum of seven years imprisonment for Vadra and other accused under Section 4 (Punishment for money laundering) and suggested penal or criminal action for the fraudulent execution of the deed. 'The transfer deed was executed containing a false statement of consideration with regards to receipt of sale consideration by the seller from the buyer and with regards to the total amount of consideration as well, thereby violating the provisions of section 423 of IPC. The buyer had never issued the cheque to the seller and the cheque mentioned in the sale deed did not pertain to the buyer,' said the chargesheet. Alleging a loss of Rs 44 lakh caused to Haryana government in stamp duty, the ED said: 'The sale deed refers the valuation of the said land at Rs 7.50 crore, on the contrary the seller got the payment of Rs 7.95 crore on August 9, 2008 (against sale consideration and stamp duty); and Rs 7.43 crore on August 16, 2008 (additional sale consideration). The undervaluation of the land directly leads to evasion of stamp duty.' Earlier, the ED justified its decision to file the PMLA case in the Special Court in Delhi by claiming that all the accused, except one, reside in Delhi and all the entities associated with the accused, which are involved in the process of money laundering, are registered in the Delhi jurisdiction. It is submitted that the FIR in this case was filed by the Gurugram Police. However, the offence of money laundering was committed by the accused at various places/states including Delhi, Haryana, Punjab, Uttar Pradesh, Gujarat and Rajasthan. 'Further, most of the bank accounts of the entities associated with Vadra, identified as accused number 1, are also situated in Delhi and used by the accused in Delhi to acquire assets or to satisfy the liabilities of companies registered in Delhi,' it said. The ED said that Vadra received Rs 58 crore as proceeds of crime (PoC) of the involved money laundering and claimed that its investigation led to the provisional attachment of 43 immovable properties, totalling Rs 38.69 crore, identified as direct or value equivalent to Proceeds of Crime. Seeking confiscation of the 43 immovable properties, the ED said: 'The complaint is filed with the prayer to punish the accused persons under Section 4 (Punishment for money laundering,) which is a rigorous imprisonment for three to seven years and confiscation by the government of the properties earned by the accused as proceeds of crime.' (With IANS Inputs)
Hindustan Times
3 hours ago
- Hindustan Times
Court convicts ex-MCD engineer in 2006 case registered by CBI
New Delhi, A court here has convicted a former assistant engineer of the Municipal Corporation of Delhi under IPC section 217 . Court convicts ex-MCD engineer in 2006 case registered by CBI Additional Chief Judicial Magistrate Nishant Garg was hearing allegations against accused Vijay Kumar Jain, against whom the Central Bureau of Investigation had registered a case. According to the prosecution, the owners of 15 properties in the west Punjabi Bagh area were booked by the civic body for unauthorised construction in July 2004 but Jain, the then assistant engineer of the MCD, retained the files to prevent action against the properties. In an order dated August 7, the court said, "It can be concluded that accused V K Jain intentionally retained the subject 15 files with him", despite knowing that orders were passed for issuing demolition notices regarding 12 properties and that demolition orders were passed for the three remaining properties. It said Jain retained the files to prevent action being taken against these properties, despite being aware of the Delhi High Court's direction on April 11, 2005, where it had asked the MCD to take action in accordance with law against the properties and file a compliance report within four months. "The prosecution has led sufficient evidence to establish the guilt of the accused beyond a reasonable doubt. Accordingly, the accused is held guilty for the commission of the offence under section 217 of the IPC and is convicted for the said offence," the court said. The matter has been posted for hearing the arguments on sentencing on Monday. The magistrate rejected the defence's argument that the CBI, despite being aware that, at most, it was a case of misconduct, deliberately lodged an FIR for an offence under the Prevention of Corruption Act to bypass the requirement of obtaining permission from the magistrate to investigate a non-cognisable offence. "I am not in agreement with the contention of the defence counsel. Perusal of the preliminary enquiry report reveals that it specifically mentions that accused Jain has committed criminal misconduct and abused his position as a public servant to cause favour to the owners of 15 properties," he said. The magistrate said along with Jain, other MCD officials and the 15 property owners were also made accused in the FIR. "Hence, it cannot be said that the FIR was intentionally registered by the investigating agency under the stringent provisions of the PC Act," the magistrate said. The CBI had registered the FIR under PC Act provisions regarding criminal misconduct by a public servant and under the penal provision for criminal conspiracy against Jain and others. The court had, however, framed charge against Jain under IPC section 217 in July 2018. This article was generated from an automated news agency feed without modifications to text.
