Payal Sharma vs State of Punjab 2024 INSC 896 - S 498A IPC - S 482 CrPC

Code of Criminal Procedure 1973 - Section 482 -Indian Penal Code 1860 - Section 498A - Court has duty to consider the contentions that there is lack of specific allegations against the accused concerned to constitute the offence(s) alleged against a relative or that the implication was nothing but an over implication to pressurise the family of the husband to yield to the demands. The Courts cannot refrain from discharging the obligation to consider such contentions. (Para 20)

Code of Criminal Procedure 1973 - Section 482 - A petition could be filed under Section 482, Cr.P.C., for quashing the chargesheet even before framing of the charges and that it would not be in the interest of justice to reject the application merely on the ground that the accused concerned could argue legal and factual issues at the time of framing of charges. (Para 18)

Indian Penal Code 1860 - Section 498A - When relatives not residing in the same house where the alleged victim resides, the courts shall not stop consideration by merely looking into the question where the accused is a person falling within the ambit of the expression ‘relative’ for the purpose of Section 498-A, IPC, but should also consider whether it is a case of over implication or exaggerated version solely to implicate such person(s) to pressurise the main accused -The term ‘relative’ has not been defined in the statute and, therefore, it must be assigned a meaning as is commonly understood. Hence, normally, it can be taken to include, father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter of any individual or the spouse of any person. To put it shortly, it includes a person related by blood, marriage or adoption- normally against a person who is not falling under any of the aforesaid categories when allegations are raised, the Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether the allegations against such a person is an exaggerated version. (Para 9-11)

Indian Penal Code 1860 - Section 417,420 -Cheating simpliciter is punishable under Section 417, IPC. To bring home an offence under Section 415 punishable under Section 417, IPC, there must be (1) deception of any person; (2) that person must have been fraudulently or dishonestly induced – (i) to deliver any property to any person, or (ii) to consent with any person relating to any property; or (2)(a) that person must have been induced intentionally to do or omit to do anything which he would not do or omit, if he were not so deceived, and which act or omission causes or likely to cause damage or harm to that person in body, mind, reputation or property- The difference between Section 417 and Section 420, IPC, is that where in pursuance of the deception, no property passes, the offence is one of cheating punishable under Section 417, IPC, but where, in pursuance of the deception, property is delivered, the offence is punishable under Section 420, IPC- When the ingredients to attract the offence punishable under Section 417, IPC are not satisfied there cannot be any question of such allegations/accusations attracting Section 420, IPC, for the simple reason that to bring a case within the ambit of Section 420, IPC, not only cheating is simpliciter but also by dishonest inducement of that person sought to be deceived to deliver any property must have delivered that property or made alteration or destruction of any valuable security.. (Para 14-15)