TaxTMI 
TaxTMI 
2014 (2) TMI 1353
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....on 34 of the Indian Penal Code (hereinafter referred to as the "Penal Code") against the appellants and one Vikas Sharma (respondent No.2). The appellants are the father and mother-in-law of the respondent-Monica whereas the subsequently impleaded respondent No. 2 is her husband. On 21.3.2005 the learned Metropolitan Magistrate, Patiala House, New Delhi took cognizance of the offences alleged by the respondent in the complaint petition which was numbered as 287/1A and issued summons to the appellants and the second respondent herein. Aggrieved, the appellants moved the High Court of Delhi under Section 482 of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as the "Code") for quashing the complaint. By judgment and order....
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....her any of the allegations had been established or not." 6. However, as in the very same order dated 14.03.2013 it was made clear that "the observations made in this order is for the purposes of the hearing of the curative petitions and should not, in any way, prejudice the outcome of the appeals, when they are heard afresh", we have proceeded to re-hear the appeals on its own merit. We would also like to observe, at this stage, that in the present appeals the only question that would require to be decided is whether on the allegations made in the complaint petition filed by the respondent a prima facie case of commission of offences under Sections 498A and 406 of the Penal Code is made out against the appellants. We will not be concern....
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....demand for dowry by the appellants; or of any ill-treatment of the respondent by the appellants or commission of any act in connection with any such demand which could amount to 'cruelty' within the meaning of Section 498A IPC. Shri Sharan has also urged that no where in the complaint petition entrustment within the meaning of Section 405 of the Penal Code has been alleged against the appellants so as to even prima facie make the appellants liable for the offence under Section 406 of the Penal Code. 9. We disagree. 'Cruelty' as defined in the Explanation to Section 498A of the Penal Code has a twofold meaning. The contentions of Shri Sharan do not deal with the Explanation (a) and is exclusively confined to the meaning dealt with by Expla....
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....06 of the Penal Code is concerned, it is clear from the averments made in paragraphs 16, 18, 24 and 29 of the complaint petition that it has been alleged that the appellants were entrusted or had exercised dominion over the property belonging to the respondent and further that the appellants had unlawfully retained the same. The statements made in para 6 of the complaint also alleges retention of cash and other gifts received by the respondent-complainant at the time of her marriage to the accused-appellant No. 2. In the face of the said averments made in the complaint petition, it cannot be said that the complaint filed by the respondent is shorn of the necessary allegations to prima facie sustain the case of commission of the offence unde....
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....t appears that by an order dated 03.07.2007 passed under Section 125 of the Code by the learned A.C.M.M., New Delhi in Complaint Case No. 176/1/1006 maintenance has been granted to the writ petitioner at the rate of Rs. 50,000/- per month with effect from 4.9.2004. An application dated 30.11.2011 had been filed by the writ petitioner before the Family Court No. 2, Saket, New Delhi for payment of the arrears of maintenance as also the current monthly maintenance. The said petition numbered as Petition No. M-298/2011 is presently pending. 15. The order passed under Section 125 of the Code granting maintenance to the writ petitioner appears to have attained finality in law. Such an order can be executed by following the provisions of sub-Sec....