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Tag: Abuse Or Misuse of Process of Court

D.Gowthaman Babu Vs State of Tamilnadu on 2 January, 2018

Posted on August 2, 2018 by ShadesOfKnife

Hon’ble High Court of Madras has rightly held that,

From Para 10,

Admittedly in the case on hand, the 1st respondent police failed to refer the matter to the concerned District Social Welfare Officer and get a report as to whether any dowry harassment is made by the petitioners. In the absence of the adherence to such Mandatory procedures, offences of Section 4 and 6 of Dowry Prohibition Act cannot be imputed.

D.Gowthaman Babu Vs State By on 2 January, 2018

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Abuse Or Misuse of Process of Court CrPC 482 – Criminal Proceeding Quashed CrPC 482 – IPC 498A Quashed D.Gowthaman Babu Vs State of Tamilnadu Delay or Unexplained Delay In Filing Complaint | Leave a comment

Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009

Posted on May 5, 2018 by ShadesOfKnife

Another landmark judgment from Justice Dr. Arijit Pasayat as part of a three-judge bench.

Intro

  1. Marriage took place on 25/11/1998
  2. Appellant No.1 left for USA on 1/7/1999
  3. Complaint was filed on 6/2/2000 under Sec.498A of the Indian Penal Code, 1860
  4. Charge-sheet was filed on 8/6/2000
  5. Divorce petition was filed by the complainant, which appears to have been granted ex parte on 12/7/2001
  6. Complainant – Sukanya has remarried on 24/8/2002

 

Legal points enumerated by their Lordships are

  1. No basis for making the allegations
  2. No explanation for the delayed lodging of the complaint was offered.
  3. Even a cursory perusal of the complaint shows that the case at hand falls within the category (7) of the illustrative parameters highlighted in Bhajan Lal’s case
    1. “Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

 

Sundar Babu & Ors vs State Of Tamil Nadu on 19 February, 2009

The reportable version of judgment is here.

Sundar_Babu_&_Ors_vs_State_Of_Tamil_Nadu_on_19_February,_2009

Citations : [2009 SCC 14 244], [2010 SCC CRI 1 1349], [2009 ECRN SC 2 1288], [2009 AIOL 261], [2009 JT 13 666], [2009 SCALE 5 1], [2009 SCR 3 326]

Other Sources :

https://indiankanoon.org/doc/1091787/

https://www.casemine.com/judgement/in/575fd328607dba63d7e6c4d8

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Abuse Or Misuse of Process of Court CrPC 482 – FIR Quashed Delay or Unexplained Delay In Filing Complaint IPC 498a - Not Made Out Landmark Case Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass Quash Reportable Judgement or Order | Leave a comment

Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017

Posted on April 14, 2018 by ShadesOfKnife

UPDATE 1:

SC Modifies The Earlier Directions Issued To Prevent Misuse Of 498A IPC, Says No To ‘Welfare Committees’

https://www.livelaw.in/breaking-sc-modifies-the-earlier-directions-issued-to-prevent-misuse-of-498a-ipc-says-no-to-welfare-committees/

UPDATE 2:

Few directions given in this judgment are held to be erroneous. Here is the new article.

https://www.livelaw.in/sec-498a-ipc-only-hc-can-quash-cases-on-settlement-a-third-agency-created-by-courts-cant-exercise-statutory-functionssc/

UPDATE 3:

In Shivangi Bansal Vs Sahib Bansal on 22 Jul 2025, Division Bench of Apex Court restored the Family Welfare Committees.


The detailed order is available here.


Guidelines issued by Hon’ble Supreme Court:

After considering the submissions of ASG A.S. Nadkarni, and Senior Advocate V. Giri, the Supreme Court has issued the following directions;
Part 1.
(a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.
(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.
Part 2.
Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

 

Part 3.
In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

 

Part 4.
If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;

 

Part 5.
In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

 

Part 6.
It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted;

 

Part 7.
Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

 

Part 8. These directions will not apply to the offences involving tangible physical injuries or death.
Read the complete judgment here.
Rajesh Sharma & ors. Vs State of UP and Anr on 27 July, 2017

Citations: [2017 SCC ONLINE SC 821], [2017 AIR SC 3869], [2017 AJR 4 408], [2017 ALLMR CRI 3526], [2017 ALLCC 100 927], [2017 ACR 2 2225], [2017 ALT CRL AP 2 393], [2017 ALD CRL SC 2 568], [2017 BOMCR CRI 3 677], [2017 CGLJ 3 573], [2017 CCR SC 3 211], [2017 CTC 4 667], [2017 DMCSC 2 747], [2017 GLH 2 818], [2017 GLR 3 2430], [2017 ILR KER 3 425], [2017 JLJR 3 180], [2017 JCC 3 1919], [2017 KHC 4 163], [2017 KLJ 3 861], [2017 MLJ CRL 3 602], [2017 PLJR 3 240], [2017 RLW SC 3 2266], [2017 RCR CRIMINAL 3 836], [2017 SCALE 8 313], [2017 SCJ 7 94], [2017 UC 3 1601], [2017 WLN SC 3 81], [2018 SCC 10 472], [2019 SCC CRI 1 3012017 SCR 9 529], [2017 GUJ LR 3 2430], [2017 GUJ LH 2 818], [2017 AIC 177 224], [2017 CRIMES 3 268], [2017 ECRN 3 381], [2018 CRI LJ 3593

Indiankanoon.org link: https://indiankanoon.org/doc/182220573/

News Article:

http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court CrPC 205 – Magistrate may dispense with personal attendance of accused IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Misuse of Section 498A of IPC Misuse of Women-Centric Laws | Leave a comment

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