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://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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also send
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newspapers: http://victimof498a.tripod.com/id8.html ____________________________________________________________________________________________________________ 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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