BHASKAR LAL SHARMA & ANR. versus MONICA

BHASKAR LAL SHARMA & ANR. versus MONICA

No offence under Section 498A IPC is made out against the appellants as allegations do not show cruelty as defined by law; however, a prima facie case under Section 406 IPC is made out only against appellant No.2 (mother-in-law) concerning alleged breach of trust in respect of stridhan.

Source-derived case information.

Parties
Appellant: Bhaskar Lal Sharma; Respondent: Monica
Jurisdiction
India
Judgment Date
27 July 2009
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Quashing Summoning Order; Supreme Court Decision on Quashing
Outcome
Appeals allowed in part; summoning order quashed except against appellant No.2 for Section 406 IPC.
Legal Topics
Matrimonial Dispute, Cruelty, Stridhan, Criminal Breach of Trust
Criminal Law Family Law Matrimonial Dispute Cruelty Stridhan Criminal Breach of Trust

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Bhaskar Lal Sharma

Appellant

Monica

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Quashing Summoning Order; Supreme Court Decision on Quashing

Legal Issues

  1. 1 Whether allegations constitute an offence under Section 498A IPC
  2. 2 Whether criminal misconduct and breach of trust under Sections 405/406 IPC were disclosed

Ratio Decidendi

No offence under Section 498A IPC is made out against the appellants as allegations do not show cruelty as defined by law; however, a prima facie case under Section 406 IPC is made out only against appellant No.2 (mother-in-law) concerning alleged breach of trust in respect of stridhan.

Court Disposition

Appeals allowed in part; summoning order quashed except against appellant No.2 for Section 406 IPC.

Orders

  • Summoning order dated 21.3.2005 against appellants except Appellant No.2 is set aside.
  • Proceedings to continue only against Appellant No.2 for Section 406 IPC.