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True Colors of a Vile Wife

Tag: Misuse of IPC 498A

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted the misuse of 498A IPC by some unscrupulous women.

From Para 7,

7. Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations. Hence, it has become very necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute the offence and meet the requirements of law at least prima facie. The learned ASJ scrutinized the entire FIR and the statement of complainant and thereafter observed that no case was made out against these two minor girls. I have also gone through the record and find that except above allegations made by the complainant, no other role was assigned to these two minor girls (respondents).

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Justice Shiv Narayan Dhingra Misuse of IPC 498A Neera Singh Vs State (Govt of NCT of Delhi) and Ors | Leave a comment

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022

Posted on June 16, 2022 by ShadesOfKnife

A judge from Allahabad High Court used choicest words in this judgment.

From Para 8,

[8] The story narrated in the FIR is not only abhorring, full of dirt, filth and venomous accusations where the informant fiercely abused her own husband and in-laws by using all the ways and means in the tone, tenor and texture in the extreme manner. The graphic and vivid descriptions of the incident without any shame or hitch of any sort which, speaks out volume of mental condition and amount of venom and poison in the mind of the informant. She without mincing any word, rather exaggerating the incident to manifolds, had vomitted the snide before the Court. Interestingly, general and sweeping allegations have been fastened against all the family members for committing sodomy, attempt to rape and illegal abortion etc. upon all the family members with special focus upon her husband, Sahib Bansal.

From Para 12,

[12] The police, after probing the matter in depth, has submitted the charge sheet dropping all the offences, wherein the informant had made wild
accusations in the FIR against her husband and his family members. The aforesaid charge sheet has been filed only under sections 498A, 323, 504, 506, 307 IPC and 3 and 4 of D.P. Act. Thus, it is explicitly clear that the FIR is nothing but a virtual canard and full of venom where the informant unmindful of the fact to its far-reaching repercussions, pasted all the filth upon revisionist in wild manner but was unable to produce any documentary evidence/proof to substantiate the levelled allegations and thus, all the sections of unnatural/oral sex, forcible abortion have gone to haywire resultantly dropped from charge sheet. Not only this, names of Chirag Bansal and Ms. Shipra Jain finds no place in the charge sheet, so filed by the police.

From Para 30,

[30] Yet coming to another aspect of the issue which is disturbing and mind-boggling to the Court. After reading the FIR allegedly lodged by Ms.
Shivangi Bansal after 18 days of the incident, which is ever-abhorring, full of dirt and filth. The graphical description portrayed by her in her FIR is deplorable to be condemned in its strongest terms. The FIR is the place where the informant gives the story mobilizing the State Machinery engaging in the commission of cognizable offence. It is not soft porn literature where the graphical description should be made. Hon’ble the Apex Court in its judgment in the case of Priti Gupta Vs State of Jharkhand, 2010(71) SCC 667 has fastened the liability upon the counsels;

From Para 31,

[31] Therefore, the Court is of the opinion that while deciding the present issue, the Court should not take into these graphical description of the accusation made by the complainant and simply over-look these graphic and distressful allegations made by a lady who after receiving legal advice, pasted those dirt and filth upon her husband and other family members. The interesting feature is that she has been unable to substantiate those allegations even at the time of investigation and these allegations were found false and the sections related to it were dropped.
The Court records its strongest exception to such type of language used by the informant. The language of the FIR should be decent one and no amount of atrocitiesfaced by the informant, would justify her to use such type of castic expressions. FIR/complaint is the gateway of any criminal case even soft and decent expressionwould well communicate the alleged atrocities faced by her.

Guidelines issued from para 35,

[35] Thus, It is directed that :-
(i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint. During this “Cooling-Period”, the matter would be immediately referred to Family Welfare Committe (hereinafter referred to as FWC) in the each district.
(ii) Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
(iii) After lodging of the complaint or the FIR, no action should take place without concluding the “Cooling-Period” of two months. During this “Cooling-Period”, the matter may be referred to Family Welfare Committee in each districts.
(iv) Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
(v) The said FWC shall comprise of the following members :-
(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR;
(b) well acclaimed and recognized social worker of that district having clean antecedant, OR;
(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR;
(d) educated wives of senior judicial or administrative officers of the district.
(vi) The member of the FWC shall never be called as a witness.
(vii) Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging.
The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
(viii) The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
(ix) Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into
the matter namely preparing a medical report, injury report, the statements of witnesses.
(x) The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the “Cooling-Period” of two months.
(xi) Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one week).
(xii) Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstanding between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honrarium as fixed by the District & Sessions Judge of every district.
(xiii) The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparancy.
(xiv) When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.
At the cost of repetition, it is made clear that after lodging of the F.I.R. or the complaint case without exhausting the “Cooling-Period” of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee.

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements CrPC 227 - Discharge Rejected Dilawar Balu Kurane Vs State Of Maharashtra Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Issued or Recommended Guidelines or Directions or Protocols to be followed K. Subba Rao Vs The State Of Telangana Kahkashan Kausar @ Sonam Vs State of Bihar Misuse of IPC 498A Misuse of Women-Centric Laws Mukesh Bansal Vs State of UP and Anr Preeti Gupta and Anr Vs State Of Jharkhand and Anr Reportable Judgement or Order Sajjan Kumar Vs C.B.I State of Karnataka Vs L. Muniswamy and Ors Union Of India Vs Prafulla Kumar Samal and Anr | Leave a comment

Deepak Sharma Vs State of Haryana on 12 Jan 2022

Posted on January 15, 2022 by ShadesOfKnife

Another false case victim was stopped from traveling abroad for his employment, but Supreme Court cut the tail of the false complainant and allowed his to travel to US of A.

The allegations in the complaint against the Appellant prima facie do not disclose, against the Appellant, any offence under Section 498A of the IPC, which contemplates cruelty, that is willful conduct of such a nature, as is likely to drive the woman to commit suicide or to cause grave injury or danger to the life, limb or health (whether physical or mental) of the woman.
It is interesting to note that in the complaint, the complainant has given the address of her husband in U.S.A. in addition to his permanent address at Faridabad. The complainant has, for reasons known to herself, not made any reference in her complaint to the fact that the Appellant is a resident of Texas, where he is working. The complaint gives the impression that the Appellant is a resident of Faridabad.
From the complaint itself, it is patently clear that the Appellant does not reside in the same premises as his brother, being the husband of the complainant. The averments in the pleadings in the Courts below read with the complaint show that they do not even live in the same place. The Appellant works in Texas, U.S.A., whereas his brother lives and works in North Carolina.
The complainant has not given any particulars of the jewellery that had allegedly been taken by her mother-in-law and brother-in-law. There is not a whisper of whether any jewellery is lying with the Appellant. It is not even alleged that the Appellant forcibly took away or misappropriated the complainant’s jewellery or refused to return the same in spite of request. Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the IPC.
There is not even any allegation against the Appellant of any demand or threat or torture for dowry or property. Failure to control an adult brother, living independently, or giving advice to the complainant to adjust to avoid vindictive retaliation from the Accused No. 1 cannot constitute cruelty on the part of the Appellant within the meaning of Section 498A of the IPC.
There are no specific allegations against the Appellant of misrepresentation or concealment. There is not a whisper of the Appellant’s role in the marriage negotiations that took place in India. As observed above, the Appellant who is the elder brother-in-law of the complainant, resides in U.S.A. There is only a general omnibus allegation that all the accused ruined the life of the complainant by misrepresentation, concealment, etc. On the face of the averments in the complaint, the complainant’s husband made certain misrepresentations to her. The Appellant is not liable for the acts of cruelty, or any other wrongful and/or criminal acts on the part of his parents or brother.
There is nothing specific against the Appellant except the vague allegation that the Appellant and his mother, that is the complainant’s mother-in-law kept her jewellery. The only other allegation is that the Appellant had not done anything, when the complainant had spoken to the Appellant about his brother’s conduct and behaviour, he had told the complainant to remain quiet as Nitin could be a very bad enemy. In any event a deed of compromise has now been executed between the complainant and her husband being the Accused No. 1. A copy of the compromise settlement has been enclosed. The Appellant is not party to the settlement.
Having regard to the nature of the allegations, it is not understood how and why the Appellant should have been detained in India. In our considered opinion, the Chief Judicial Magistrate, Kurukshetra, erred in directing this Appellant not to leave the country without prior permission of the Court.

The apprehension that the husband of the complainant (Accused No.1) who had been working in the U.S.A. might leave the country cannot be ground to deny the Appellant’s prayer to go back to the U.S.A. to resume his duties in a Company in which he has been working for about 9/10 years. The High Court has also not considered the allegations against the Appellant. There is not even any prima facie finding with regard to liability, if any, of the Appellant to the complainant. There are no specific allegations against the Appellant.

Final nail in the coffin…

The instant application was strongly opposed by the State. This Court finds no merit in the contentions of the State. Ex facie, the allegations in the FIR do not disclose any offence under the provisions of the IPC referred to in the FIR. Ms. Monika Gusain stated that charge-sheet has been filed. She has not been able to point out what is the offence so far as this Appellant being the brother of Nitin Sharma, living in the USA is concerned. The repetitive allegations in the complaint are directed against the husband of the complainant, Nitin Sharma (Accused No.1) and his parents, particularly, his mother being the Accused No.2.

Deepak Sharma Vs State of Haryana on 12 Jan 2022

Other Sources:

https://www.livelaw.in/top-stories/personal-liberty-supreme-court-allows-brother-in-law-accused-in-section-498a-ipc-case-to-travel-abroad-189551

https://www.barandbench.com/news/litigation/giving-advice-avoid-vindictive-retaliation-husband-not-cruelty-498a-ipc-supreme-court

https://lawtrend.in/498-a-ipc-advising-woman-to-adjust-with-husband-taking-jewellery-for-safe-custody-is-not-cruelty-rules-sc/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Deepak Sharma Vs State of Haryana Misuse of IPC 498A Misuse of Women-Centric Laws Non-Reportable Judgement or Order Right to Travel | Leave a comment

State of Maharashtra Vs Ramchandra Bhikaji Wagh on 26 February 2020

Posted on March 11, 2020 by ShadesOfKnife

Single-judge bench of Bombay High Court highlighted the grounds on which a Legal terrorism was intended to be unleashed on an innocent family u/s 498A IPC, and thwarted it royally.

From Paras 9 and 10

9 Admittedly, complainant (PW-1) led a very happily married life with accused no.1. Their date of marriage is 27th June 1990 and PW-1 left the matrimonial home on 28th March 2001. As per PW-1, accused was given lot of gold, household appliances and Rs.50,000/- within three months of her marriage, which means that these things were given in the year 1990. There is no explanation as to why the complaint was then lodged only on 4th January 2002. According to PW-1, accused no.1 demanded Rs.1 lakh when he saw the retirement benefits cheque in the hand of her father and her father retired on 28th February 2001. The complaint has been lodged on 4th January 2002. The delay is not explained. Moreover, complainant left the house leaving behind her children, who were on the date she left the house were 9 years and 6 years, respectively. PW-1 never filed any custody petition or any petition for divorce. PW-1 filed maintenance petition on 10th March 2003. The delay again has not been explained.

10 It is settled law that delay in lodging the complaint cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the complaint. At the same time, delay has the effect of putting the Court in its guard to search if any explanation has been offered for the delay, and if offered, whether it is satisfactory. If prosecution fails to satisfactorily explain the delay, the delay could be fatal to prosecution.

From Para 11,

11 In this case, there is not even an attempt by the prosecution to explain the delay. It appears that PW-1 had no problems living alone with her
parents but when PW-1 heard from her father that accused no.1 has married accused no.5 (which again has not proved), PW-1 decided to teach accused no.1 a lesson. It is unfortunate that in matters like this even the family members are getting dragged. Prosecution should refrain from dragging allfamily members unless there is enough specific evidence against the family members otherwise provisions of Section 498-A will unfortunately bemisused as a weapon.

Finally, in Para 15,

15 There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless they are proved guilty by a competent court of law. Secondly, accused having secured their acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the Trial Court. For acquitting the accused, the Trial Court rightly observed that the prosecution had failed to prove its case.

State of Maharashtra Vs Ramchandra Bhikaji Wagh on 26 February 2020

Citations: [2020 SCC ONLINE BOM 331]

Other Source links:

https://indiankanoon.org/doc/63867796/

https://www.casemine.com/judgement/in/5e5cd685cfc07432f89ed3dc

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 378 - Appeal In Case Of Acquittal Delay or Unexplained Delay In Filing Complaint Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Hearsay Evidence IPC 494 - Not Made Out Legal Terrorism Misuse of IPC 498A Rajesh Sharma and ors. Vs State of UP and Anr State of Maharashtra Vs Ramchandra Bhikaji Wagh | Leave a comment

Korimerla Videesha Vs State of A.P. and Anr on 12 October 2018

Posted on December 12, 2019 by ShadesOfKnife

In a rare act, Justice Satyanarayan Murthy has given a Quash order in a false 498A IPC case. He also invoked AP Dowry Prohibition Rule 1998 which are available here.

Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018

Citations:

Other Source Links: https://indiankanoon.org/doc/114175976/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged A.P. Dowry Prohibition Rules 1998 Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 482 – IPC 498A Quashed Dowry Prohibition Act 1961 DP Act 3 - Not Made Out DP Act 4 - Not Made Out IPC 498a - Not Made Out IPC 498A and 3 and 4 DP Act Combo Alleged Korimerla Videesha Vs State of A.P. and Anr Misuse of IPC 498A Sandeep Pamarati

A Critical Study on Misuse of Section 498A of Indian Penal Code, 1860

Posted on September 14, 2018 by ShadesOfKnife

A recent research study A. Hashika and M. Kannappan on misuse of Section 498a of IPC in India.

Read the original study from here.

98
Posted in General Study Material | Tagged Misuse of IPC 498A | Leave a comment

Tahmeena Kaleem And Others Vs State Of A.P. on 17 January, 2014

Posted on September 2, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh has, in this judgment, reminded about the menace of roping in all relatives of husband into false litigation while granting anticipatory bail to relatives of husband.

Tahmeena Kaleem And Others Vs State Of A.P. on 17 January, 2014

Citations :

Other Sources :

https://indiankanoon.org/doc/122766842/

https://www.legitquest.com/case/tahmeena-kaleem-others-v-state-of-andhra-pradesh/86139

https://www.lawyerservices.in/Tahmeena-Kaleem-and-Others-Versus-State-of-Andhra-Pradesh-2014-01-17

Posted in High Court of Andhra Pradesh 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 CrPC 438 - Anticipatory Bail Granted Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Landmark Case Legal Terrorism Misuse of IPC 498A Tahmeena Kaleem And Others Vs State Of A.P. | Leave a comment

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