Judgements against misuse of 

IPC 498A and Dowry Laws

 

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Law Defined:

http://www.supremecourtofindia.nic.in/

http://www.hsph.harvard.edu/grhf/SAsia/forums/dowry/articles/1961.html

http://www.hsph.harvard.edu/grhf/SAsia/forums/dowry/articles/offence.html

http://www.pucl.org/Topics/Law/2003/malimath-recommendations.htm

 

 

Cases and Judgments:

http://www.judis.nic.in/

http://www.courtnic.nic.in/

http://indiancourts.nic.in/maint_cause.htm

 

 

Misuse of 498A is like Legal Terrorism - SC

 

Many instances have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. 
Misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be used a shield and not an assassin's 
weapon. If cry of "wolf" is made too often as a prank assistance and protection may not be available when the actual "wolf" appears. There is no 
question of investigating agency and Courts casually dealing with the allegations. They cannot follow any straitjacket formula in the matters 
relating to dowry tortures, deaths and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive at truth, 
punish the guilty and protect the innocent.  It is to be noted that the role of the investigating agencies and the courts is that of watch dog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations. 

 

 

A v good Judgement by SupremeCourt for compromise during 498A

 

We are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal
complaint from which this appeal arises was filed by the wife only to harass the respondents.

 

 

False case by wife is mental cruelty : SupremeCourt

 

It was also found that the allegations made in the police complaint by the respondent were "void" and that such void allegations without proving the same amounted to cruelty. It was found that given the falsity of the allegations against the appellant he was entitled to a decree of divorce on the ground of cruelty under Section 13(1) (i)(a) of the Act.

 

 

False dowry case ample ground for divorce: HC(Delhi)         

 

 

In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage. The court granted divorce to a man who alleged mental cruelty by his wife.
The act of the appellant in filing a false complaint case and getting her husband and other in-laws arrested clearly amounts to cruelty. The statement of the appellant and her brother before CJM points towards falsity of the complaint.

In the present case, the situation is still worse. Not only the wife made a false complain and got the husband and other in-laws arrested, she also took money and then resiled from the agreement.

  

 

Cases can't be filed where 'cause of action' is not taken place: SupremeCourt

 

When the aforesaid legal principles are applied, to the factual scenario disclosed by the complainant in the complaint 
petition, the inevitable conclusion is that no part of cause of action arose in Chennai and, therefore, the concerned magistrate had no 
jurisdiction to deal with the matter. The proceedings are quashed.

 

 

High Court has power to quash false cases: SupremeCourt

 

Exercise of inherent power is available to the High Court to give effect to any order under the Criminal Procedure Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

When a person approaches the High Court under section 482 of Criminal Procedure Code to quash the very issue of process, the High Court on the facts and circumstances of a case has to be exercise the powers with circumspection as stated above to really serve the purpose and object for which they are conferred.

In the result the appeal of the first appellant is allowed and the proceedings against him are quashed. The appeal is dismissed as far
as the second appellant is concerned.

Sections 498A/406 IPC should be made bailable: Delhi HC

 

For the foregoing reasons, the petition is highly misconceived and is being used as a tool to hold the entire household to ransom and jeopardy. Petition is dismissed.
I feel constrained to comment upon the misuse of the provisions of Section 498A/406 IPC to such an extent that it is hitting at the foundation of marriage itself and has proved to be not so good for the health of the society at large.

There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative- including minors and even school going kids nearer or distant relatives and in some cases against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband. Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerated allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Against
Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such complaints and cases are pending and are being lodged day in and day out.
To start with, marital offences under Sections 498A/406 IPC be made bailable, if no grave physical injury is inflicted and necessarily compoundable. If the parties decide to either settle their disputes amicably to salvage the marriage or decide to put an end to their marriage by mutual divorce, they should be allowed to compound the offences so that criminal proceedings don't chase them if they want to start their marital life afresh or otherwise.

Bail should not be refused unless the crime charged is of the highest magnitude: Delhi HC

 

 

Arrest should always be avoided if the investigation can be completed even otherwise and the accused gives full co-operation in

completing the investigation..

Arrest may be necessary, if the offence alleged is of grave nature and prescribes severe punishment and there is a likelihood of an

offender either absconding or not appearing on being summoned or his fleeing away from justice or judgment..

For instance it is the experience of this court that in offences under Sections 498A/406 IPC which are much abused provisions and

exploited by the police and the victims to the level of absurdity and are of such nature which can be investigated withou t arrest and do

not fall under the aforesaid category viz. being of highest magnitude and prescribing severest punishment or minimum punishment, every

relative of husband, close or distant, old or minor is arrested by the police. By arresting such relat ves whose arrest may not be necessary

for completing the investigation as it can be completed by recording the statement of victim, her parents and other witnesses, police

assumes the role of breaker of homes and not the maker as once any relative of he husband is sent to jail, the marriage ends for all

practical purposes and divorce and other miseries are bound to follow. Unless the allegations are of very serious nature and highest

magnitude arrest should always be avoided. .

In this court everyday ten to twenty matters for quashing the FIRs under Sections 498A/406 IPC are taken up as all marriages end in

divorce where relatives of husband or other are sent to jail. Unfortunately, sufferers are young girls between the age s 20 to 28

years. Very few cases end up in full trial and conviction. These are the offences whose deterrence has proved worse than remedy.

 

 

Misuse of Dowry Law -Andhra HC      Cached-page

 

 

 

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Spread this to as many people as possible. Help others who are facing similar problem, might be he can help you in return. If you have good contacts with lawyers, police , journalists and/or politicians then the whole society will get benefited. Write to President, PM, MPs, CM, difft. Newspapers, Amnesty International, etc about this menace in our society.

To bring changes in 498A and stop its misuse all of you kindly send emails to the Prime Minister of India at http://pmindia.nic.in/write.htm

also send emails to the President of India at
http://www.presidentofindia.nic.in/scripts/writetopresident.jsp

and different newspapers:

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This website has been made possible after talking to many victims and feedback from lawyers.

We are against dowry.(All exchange of gifts during marriage should be declared in writing.)

We Demand equal rights for men n women in India

(it includes equal share in family  property for women and a new IPC 498B for men).

Whoever misuses a law should be stringently penalized so that misuse of law is prevented.