Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur on 22 November, 2017
Lying knife had the audacity to file criminal and DV cases, after the husband obtained ex parte divorce decree. Both are quashed as improbable to believe cases. Despite this, husband offered to pay 2 Crore rupees to lying knife.
As always, cases are quashed but no malicious prosecution proceedings were initiated by Hon’ble High Court of Madras.
M.G.M.Joseph Anand Vs Suvitha Suganthi on 28 August, 2018
Hon’ble Delhi High Court had quashed the FIR on parents and relatives in a false case of 498A, 406 IPC.
Sanjeev Kumar Aggarwal Others Vs State Another on 12 October, 2007Citations: [2007 (4) JCC 3074]
Other Source links:
https://www.casemine.com/judgement/in/56ea93be607dba371ebcab91
In this landmark quash judgment, Hon’ble Apex Court held that IPC 406 and IPC 498A is not made out on the parents of the husband and as such the case on them is quashed.
Highlights
Knife Name: Neetu
Husband Name: Ashutosh Misra
Law point from Para 10,
It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence.
From Para 19,
Onkar Nath Mishra & Ors Vs State (Nct Of Delhi) & Anr on 14 December, 2007Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.
Citations: [2007 SUPREME 8 405], [2008 SCC 2 561], [2008 CRLJ 0 1391], [2008 AIR SC 204], [2008 RCR CRI 1 336], [2008 SCC 1 65], [2007 STPL LE 0 39378], [2008 SCC CRI 1 507], [2008 AD SC 2 398], [2008 BLJR 56 753], [2008 MADLW CRL 2 955], [2008 ACC 60 694], [2008 SCC CRL 1 507], [2008 JT 1 20], [2008 LW CRL 2 955], [2008 ALL MR CRI 1360], [2008 ALT CRI 3 83], [2008 AIR SC 96], [2008 MAHLJ CRI 2 550], [2008 SCC CR 1 507], [2008 CRIMES 1 42], [2008 DRJ 100 3], [2008 UJ 1 107], [2008 MLJ CRI 2 686], [2008 SLT 1 329], [2007 AIOL 1302], [2008 ANJ SC 1 124], [2008 CRLJ SC 1351], [2007 SCALE 14 403], [2007 SCR 13 716], [2008 AIC SC 62 155], [2008 CRI LJ 1391]
Other Source links: https://indiankanoon.org/doc/1907093/ and https://www.casemine.com/judgement/in/5609ae46e4b01497114135e4
Hon’ble High Court of Delhi has held in this Criminal Revision that the parents-in-law of the knife cannot be forced to undergo criminal trial as no specific allegations supported by evidence is available on record.
See the cunning nature of this knife. Got 15 lakhs as settlement amount even then tried to implicate in-laws!!
From Para 9,
The charge sheet which was filed by the police clearly discloses that the husband of the complainant was residing in Nigeria and he could not be traced. The charge sheet also took note of the fact that during the course of investigation, when the petitioners had prayed for bail, the dispute was settled between them and the complainant on deposit of Rs.15 lakhs by the order of the High Court. The complainant had accepted such amount towards settlement of her matrimonial disputes. Initially an amount of Rs.15 lakhs was deposited with the Registrar General of Delhi High Court but on the request of the complainant, the same was released in her favour. The complainant who is present in person admits of her having received the aforesaid amount.
From Para 28, 29,
Anil Kumar & Anr. Vs Govt. Of Nct Delhi on 9 December, 2015The FIR clearly makes out a case of the husband of the complainant not treating her well. The complainant went to Nigeria, only to find that her husband was in the habit of drinking alcohol and watching pornographic films. The house in which the complainant was kept was shared by other relatives of the husband. There is no mention of the petitioners having gone to Nigeria to stay with their son or with the complainant. The averments made in the FIR further disclose that the tall claims of the family of the petitioners was found to be false during the period when the complainant had the opportunity to stay in the matrimonial family. Though it is stated that she was insinuated and taunted for bringing less dowry and was made to do household work as if she was a maid servant of the house, but no specific instance of such acts of cruelty have been listed by the complainant. A vague and general allegation has been raised that she was not treated well in her matrimonial home when she came back from Nigeria. The FIR also refers to the assessment of the complainant that the petitioners did not want her to come back to India.
Apart from this, admittedly, the complainant accepted Rs.15 lakhs towards settlement of her matrimonial dues. The husband of the complainant who is the son of the petitioners is untraceable.A protracted investigation in the matter also did not yield any definitive finding regarding the guilt of the petitioners. The petitioners were not sent up for trial.
In this revision filed by knife against the discharge of husband’s relatives, District Court of Delhi, held that not every cruelty attracts IPC 498A especially in the absence of a harassment/demand for same.
From Para 5,
Perusal of the file reveals that case was registered on the complaint given by the petitioner to the Joint Commissioner of Police. In this complaint it is no where mentioned that any of the respondents no. 2 to 6 had made any specific demand and the allegations are against her husband.
….
Perusal of the file further reveals that supplementary statements of petitioner were recorded on 29.03.2006 & 02.05.2004. In the complaint given to the Joint Commissioner of Police, there are no allegation of harassment and dowry demand against any of the respondents no. 2 to 6. There are allegation against respondent nos. 5 & 6 that they had thrown the gifts and they refused to accept them as the same were not as per their choice. There are allegation against the respondents no. 3 & 4 that they started fighting with the petitioner. They also stated to the petitioner that they are foreign returns and taunted the petitioner and further they demanded for change of gifts. I am of the view that these allegations cannot be construed as demand in view of Section 498A IPC. The Ld. MM has rightly came to conclusion that all the allegations are general in nature. The counsel for the petitioner is not able to make out any allegation of harassment or dowry demand against the respondents no. 2 to 6.
Para 6 further destroys the prosecution case,
It is admitted fact that marriage of the petitioner was solemnized on 20.06.2002 and complaint was filed on 11.11.2003. It is also admitted fact that the marriage between respondents no. 3 & 4 was solemnized in the year 1999 and marriage between respondents no. 5 & 6 were solemnized in the year 2000. It isalso admitted fact that respondents no. 3 to 6 are not residing in the matrimonial house of the petitioner and they are residing separately after the marriage of thepetitioner. It is true that no date, time and place has been given by the complainant when any demand was raised by the respondents no. 2 to 6.
From Para 8,
Sudha Vs State (Nct Of Delhi) on 4 January, 2016But, it is not harassment of every nature which is punishable under Section 498A of IPC. In order to attract criminal liability, there should be torture physical or mental, positive acts. Such acts should be aimed at persuading or compelling the woman or her relatives to meet an unlawful demand of any property or valuable security or it should be actuated by the failure of the woman or her relative to meet such a demand.
The landmark judgment of High Court of Bombay is available here.
High Court of Calcutta held that,
Rabindra Kumar Pramanik Vs the State on 24 June, 2016On scrutiny of the statement of witnesses like Sekhar Kar, Ramesh Saha and Shankar Roy recorded under Section 161 of the Code of Criminal Procedure, I do not find that the opposite party no.2 was subjected to torture by the present petitioners. However, on close scrutiny of all the statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure and on consideration of the allegation made in the written complaint treated as FIR, I do not find any specific role attributed to the present petitioners in inflicting mental torture or physically assault on the opposite party no.2. The allegation made against the present petitioners are vague and general in nature.
This judgment should have been a reported one for it covers soo many good points to dustbin the complaint of the knife against the family members. Read the tags for more info.
From Para 8,
Chandralekha Vs State Of Rajasthan & Anr on 14 December, 2012….
However, after a careful perusal of the FIR and after taking into consideration the attendant circumstances, we are of the opinion that the FIR lodged by respondent 2 insofar as it relates to appellants 1, 2 and 3 deserves to be quashed. The allegations are extremely general in nature. No specific role is attributed to each of the appellants. Respondent 2 has stated that after the marriage, she resided with her husband at Ahmedabad. It is not clear whether appellants 1, 2 and 3 were residing with them at Ahmedabad. The marriage took place on 9/7/2002 and respondent 2 left her matrimonial home on 15/2/2003 i.e. within a period of seven months. Thereafter, respondent 2 took no steps to file any complaint against the appellants. Six years after she left the house, the present FIR is lodged making extremely vague and general allegations against appellants 1, 2 and 3. It is important to remember that appellant 2 is a married sister-in-law. In our opinion, such extra ordinary delay in lodging the FIR raises grave doubt about the truthfulness of allegations made by respondent 2 against appellants 1, 2 and 3, which are, in any case, general in nature. We have no doubt that by making such reckless and vague allegations, respondent 2 has tried to rope them in this case along with her husband. We are of the confirmed opinion that continuation of the criminal proceedings against appellants 1, 2 and 3 pursuant to this FIR is an abuse of process of law. In the interest of justice, therefore, the FIR deserves to be quashed insofar as it relates to appellants 1, 2 and 3.
Citations: [2013 BOMCR CRI SC 1 577], [2012 AIOL 2078], [2013 CRLJ SC 3644], [2013 RCR CRIMINAL SC 1 969], [2013 SCC 14 374], [2012 SCC CRI 4 426], [2012 SCC ONLINE SC 1073], [2013 CRILJ 3644], [2013 AD SC 2 565], [2013 AJR 4 643], [2013 DMC SC 1 1], [2012 JT SC 12 390], [2013 RCR CRIMINAL 1 959], [2012 SCALE 12 692], [2013 UC 1 155], [2013 BOMCR CRI 1 577], [2013 CRI LJ 3644]
Other Sources:
https://indiankanoon.org/doc/151787634/
https://www.casemine.com/judgement/in/5609af17e4b014971141594d
https://www.indianemployees.com/judgments/details/chandralekha-and-ors-vs-state-of-rajasthan-anr
Hon’ble Supreme Court quashed the charges framed on the husband and his parents as the allegations are vague and bereft of the details as to the place and the time of the incident. The knife has been living separately since April 2011 and hence, there is no question of any beating by the appellants as alleged by her.
Swapnil & Ors Vs State Of M.P & Anr on 9 May, 2014Based on judgment of AP High Court here, this judgment has quashed the entire proceedings under CrPC 482, on the A3 (sister of husband) as there are omnibus allegations on the accused A3.
Myla Sunitha Priyadarshini Vs SHO Nandyal III Town P.S. & State of A.P. on 13 April, 2015Citations: [2015 ALT CRI 3 478]
Other Source links:
https://www.casemine.com/judgement/in/56e0f026607dba38965f2b4b
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