Kishor S/O Shrirampant Kale Vs. Sou. Shalini W/O Kishor Kale, - Court Judgment

Excerpt:
.....complaint or any deprivation, prohibition or restriction upon demand being made before filing the complaint - complaint not maintainable under section 27 of the act of 2005 - recourse to remedies under other laws open for respondents - petition allowed - what remains to be seen is as to whether pinki died an un-natural death within seven years of her marriage and whether her death was attributable to the demand of dowry and further whether she was dealt with cruelty soon before her death. if these ingredients are proved by the prosecution then the conviction of the accused under section 304b, ipc will be complete.[para 9] the question is, in the absence of corpus delicti, could it be presumed that the accused persons alone were responsible for the death of pinki. we must hasten to add.....order(i) rule is, therefore, made absolute and it is held that misc. criminal complaint case no. 314/2007 before the judicial magistrate first class, court no. 5, amravati under section 12 r/w sections 19 and 20 of the protection of women from domestic violence act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the courts below are quashed.no order as to costs.

Judgment:
ORDER

(i) Rule is, therefore, made absolute and it is held that Misc. Criminal Complaint Case No. 314/2007 before the Judicial Magistrate First Class, Court No. 5, Amravati under Section 12 r/w Sections 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the Courts below are quashed.

No order as to costs.