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Abatement & Cruelty- 306 and 498A of IPC

DELHI HIGH COURT
Kaushal Kishore v/s State D/d 28/05/2019 # Crl. Rev. Pet. 129/2018

Indian Penal Code, 1860, Sections 498A and 306 -Framing of charge – Consideration of – Ingredients of both the Sections are different — It cannot be held that because petitioner has been discharged of an offence under Section 306, IPC, it would automatically lead to a discharge of the offence under Section 498A, IPC — Further, At the stage of framing of charge, the Court is not to look into the probable explanation or defence of the accused but is to examine the material collected by the prosecution at the time of investigation. (Paras 16,17,18,20)
[ Girdhar Shankar Tawade v/s State of Maharashtra, (2002) 5 SCC177 and Ramesh Kumar v/s State of Chhattisgarh, (2001) 9 SCC 618 – Referred ]

An acquittal or discharge under Section 306 IPC would not ipso facto amount to an acquittal or discharge under Section 498A, IPC The degree of cruelty to constitute abatement under Section 306 IPC would be of higher than the degree of harassment and cruelty to constitute an offence under Section 498A, IPC

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