AP HC Quotes Dowry Prohibition Act In Judgment: 2005 - IPC 498A

quash a complaint. Learned Counsel places reliance on M. Narayandas Vs. State
of Karnataka2; State of Punjab Vs. Subhash Kumar3; Savita Vs. State of
Rajasthan4 and the judgment of the Division Bench of this Court in Pavana Sutha
Plate Embossers Private Ltd., Eluru Vs. Commissioner of Transport, Govt. of A.P.
Hyderabad5.
Before examining the rival contentions, it is necessary to take note of Sections
417, 418, 420, 498-A and Section 506 IPC and Sections 3 and 4 of Dowry
Prohibition Act which read as under:
INDIAN PENAL CODE:
417 Punishment for cheating:-
Whoever cheats shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.
418 Cheating with knowledge that wrongful loss may ensue to person whose
interest offender is bound to protect:-
Whoever cheats with the knowledge that he is likely thereby to cause wrongful
loss to a person whose interest in the transaction to which the cheating
relates, he was bound, either by law, or by a legal contract, to protect, shall
be punished with imprisonment of either description for a term which may extend
to three years, or with fine, or with both.
420 Cheating and dishonestly inducing delivery of property:-
Whoever cheats and thereby dishonestly induces the person deceived to deliver
any property to any person, or to make, alter or destroy the whole or any part
of a valuable security, or anything which is signed or sealed, and which is
capable of being converted into a valuable security shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
498A Husband or relative of husband of a woman subjecting her to cruelty:-
Whoever, being the husband or the relative of the husband of a woman, subject
such woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.
Explanation.-For the purposes of this section, 'cruelty' means-
(a) any wilful conduct which is of such a nature as is likely to drive, the
woman to commit suicide or to cause grave injury or danger to life, limb or
health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her
or any person related to her to meet any unlawful demand for any property or
valuable security is on account or failure by her or any person related to her