When offence of misappropriation of streedhan by IN-LAWS is not made out?
In paragraph 4 of the complaint, there is a general allegation that the cash and gifts which the respondent No. 2 and accused No. 1-Vaibhav had received during marriage were kept at the matrimonial home by all the accused persons including the applicant No. 1, who is accused No. 7, being the mediator for the marriage between the respondent No. 2 and accused No. 1-Vaibhav; and the applicant No. 2, who is accused No. 4, being the sister in law of the complainant-Non-applicant No. 2. It is an admitted position that both these applicants were not part of matrimonial home of the accused No. 1 and Non-applicant No. 2. Therefore, no offences relating to cheating and criminal breach of trust punishable under Sections 417 and 406 would be prima facie made out against these applicants. Besides, there is also no allegation in paragraph 4 that the Non-applicant No. 2 at any point of time demanded return of the Stridhan articles to her from those accused persons who are residing in her matrimonial home.
Equivalent Citation: 2015ALLMR(Cri)2607, 2015(2)Crimes368(Bom.)
IN THE HIGH COURT OF BOMBAY
Criminal Application No. 251 of 2014
Decided On: 14.01.2015
Appellants: Gopal and Ors.
Vs.
Respondent: State of Maharashtra and Ors.
Vs.
Respondent: State of Maharashtra and Ors.
Hon'ble Judges/Coram:S.B. Shukre, J.
https://www.lawweb.in/2015/08/when-offence-of-misappropriation-of.html
