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Cases and Judgments:
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.
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.
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.
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
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.
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.
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.
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.
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..
instance it is the experience of this court that in offences under Sections
498A/406 IPC which are much abused provisions and
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
fall under the aforesaid category viz. being of highest magnitude and
prescribing severest punishment or minimum punishment, every
of husband, close or distant, old or minor is arrested by the police. By
arresting such relat ves whose arrest may not be necessary
completing the investigation as it can be completed by recording the statement
of victim, her parents and other witnesses, police
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
purposes and divorce and other miseries are bound to follow. Unless the
allegations are of very serious nature and highest
arrest should always be avoided. .
this court everyday ten to twenty matters for quashing the FIRs under Sections
498A/406 IPC are taken up as all marriages end in
where relatives of husband or other are sent to jail. Unfortunately, sufferers
are young girls between the age s 20 to 28
Very few cases end up in full trial and conviction. These are the offences whose
deterrence has proved worse than remedy.
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You too can help others: 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
emails to the President of India at and different
newspapers: ____________________________________________________________________________________________________________ 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
You too can help others:
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
emails to the President of India at
and different newspapers:
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.
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