Anil Kumar & Anr. Vs Govt. Of Nct Delhi on 9 December, 2015

Posted on September 27 by ShadesOfKnife

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,

The 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.

Anil Kumar & Anr. Vs Govt. Of Nct Delhi on 9 December, 2015

Appanna @ Laxmaiah Vs The State of Karnataka on 12 September, 2012

Posted on September 26 by ShadesOfKnife

Hon’ble High Court of Karnataka held that not every cruelty attracts IPC 498A especially in the absence of a harassment/demand for same.

From Para 14,

Assuming for the purpose of argument that the evidence on record as referred to by the learned Sessions Judge indicated that the appellant was beating the deceased under intoxication of liquor, there is no indication that such beating was with a view to force the deceased either to commit suicide or to cause grievous injury to her life, limb or health. It is not the say of any of the witnesses that the deceased at any point of time attempted to commit suicide or to cause grave injury to herself. Therefore, the torture of physical beating by the appellant as spoken to by the witnesses cannot be treated as ‘cruelty’ within the meaning of Clause (a) of Explanation to Section 498-A to find him guilty for the said charge.

Read the Para 16 too. It nails the prosecution case.

Appanna @ Laxmaiah Vs The State of Karnataka on 12 September, 2012

The landmark judgment of High Court of Bombay is available here.

Sudha Vs State (Nct Of Delhi) on 4 January, 2016

Posted on September 26 by ShadesOfKnife

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,

But, 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.

Sudha Vs State (Nct Of Delhi) on 4 January, 2016

The landmark judgment of High Court of Bombay is available here.

Sarla Prabhakar Waghmare Vs State Of Maharashtra And Others on 10 April, 1989

Posted on September 26 by ShadesOfKnife

Hon’ble High Court of Bombay has held that, it is not every harassment or every type of cruelty that would attract Section 498-A.

From Para 3,

After going through her evidence it does not appear that she has conclusively established that the beating and harassment was with a view to force her to commit suicide or to fulfil the illegal demands of the non-applicants. The trial Court has discussed this aspect at some length and has recorded a finding that offence under Section 498-A, Indian Penal Code, is not established. I do not see any reason to interfere with the same in my revisional jurisdiction at the instance of the complainant, particularly when the State has not challenged the impugned order.

Sarla Prabhakar Waghmare Vs State Of Maharashtra And Others on 10 April, 1989

Rabindra Kumar Pramanik Vs the State on 24 June, 2016

Posted on September 26 by ShadesOfKnife

High Court of Calcutta held that,

On 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.

Rabindra Kumar Pramanik Vs the State on 24 June, 2016

G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017

Posted on September 11 by ShadesOfKnife

This is the quash judgment from hon’ble high court of Karnataka, relying on Y Abhraham Ajith case, wherein it was held that when all allegations are stated to have happened at Vellore, Tamilnadu, Indiranagar police doesn’t have jurisdiction to file the FIR in Bengaluru, Karnataka.

G. Ramamoorthy Vs The State Of Karnataka on 31 July, 2017

State vs Mumtaz Ali & Anr on 8 August, 2017

Posted on September 11 by ShadesOfKnife

This is a short revision order from hon’ble High Court of Rajasthan, wherein it was held that due to limitation restriction, the complaint was time barred and as such Magistrate was right in not taking cognizance of this case. The knife filed 498A case after separating from husband for 10-12 years!!!

And the sweet response from the judge for the assertion that “498A IPC is a continuing offence” was, It is not so.

State Vs Mumtaz Ali & Anr on 8 August, 2017

Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017

Posted on August 31 by ShadesOfKnife

This is classic case of not application of mind all all levels of a criminal case proceedings, until the Hon’ble Supreme Court stepped in and ruled that the allegations in this case do not attract ingredients of IPC 498A or IPC 406 and thereby quashed the entire proceedings for good.

Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017

The AP High Court order is here.

K. Subba Rao Vs The State Of Telangana on 21 August, 2018

Posted on August 23 by ShadesOfKnife

A recent 2018 quash judgment from Hon’ble Supreme Court in a case of 498A based on the allegations made on maternal uncles, prima facie, not making out any case as alleged.

K. Subba Rao Vs The State Of Telangana on 21 August, 2018

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014

Posted on July 28 by ShadesOfKnife

Awesome judgment from Justice J.B.PARDIWALA, at Hon’ble High Court of Gujarat. Excellent analysis and dissection of cunning knife’s mind.

Funny Anecdote #1:

Establishing Jurisdiction:

The sum and substance of the FIR lodged by the respondent No.2 appears to be a matrimonial dispute between the husband and the wife, but as usual, all other family members have been roped in as accused persons. The applicant No.2, Dipikaben, is the wife of the applicant No.1’s brother. I am told that Dipikaben is a widow and she is residing independently at Padra of District Baroda. Dipikaben has a daughter aged about 20 years. The applicant No.3 Hetalben is the niece of the applicant No.1, and is residing at her matrimonial home at Gotri. The applicant No.3 got married in the year 2006, and before her marriage, was residing at Delhi. The applicants Nos. 4 and 5 are the husband and wife, and both are residing at Delhi. The applicant No.4 is one of the brothers of the applicant No.1. The applicant No.6, who is the sister of the applicant No.1, is residing at her matrimonial home at Baroda.

Funny Anecdote #2:

Delay in filing Complaint/FIR:

It appears on a plain reading of the FIR that on her own admission, she had stayed at her matrimonial home upto the year 2004, and thereafter, she left the matrimonial home and started residing at her parental home. The respondent No.2 lodged the F.I.R after a period of four years thereafter i.e. in 2009.

Legal Point #1:

When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto.

One more:

Although the respondent No.2 is much more annoyed with her husband, with an obvious motive, has arrayed all the close relatives of her husband in the FIR. The Police also seems to have recorded stereo-type statements of the witnesses who are none other than the parents and other relatives of the respondent No.2 and has filed a charge-sheet.

Legal Point #3

Thus, it could be seen from the above that the apex Court has noticed the tendency of the married women roping in all the relatives of her husband in such complaints only with a view to harass all of them, though they may not be even remotely involved in the offence alleged.

One more here

In all cases where wife complains of harassment or ill-treatment, Section 498-A of the IPC cannot be applied mechanically. No F.I.R is complete without Sections 506(2) and 323 of the IPC.

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014

Shades Of Knife

True Colors of a Vile Wife

Tag: IPC 498a Not Made Out

Anil Kumar & Anr. Vs Govt. Of Nct Delhi on 9 December, 2015

Appanna @ Laxmaiah Vs The State of Karnataka on 12 September, 2012

Sudha Vs State (Nct Of Delhi) on 4 January, 2016

Sarla Prabhakar Waghmare Vs State Of Maharashtra And Others on 10 April, 1989

Rabindra Kumar Pramanik Vs the State on 24 June, 2016

G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017

State vs Mumtaz Ali & Anr on 8 August, 2017

Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017

K. Subba Rao Vs The State Of Telangana on 21 August, 2018

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014