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The motive of this website is not to write a thesis on 498-A, Maintenance, Domestic Violence, False Rape, Molestation and its companions. State of Punjab and Another, VII (2012) SLT 171=IV (2012) DLT (CRL. State of Haryana, Arguments 498a judgement 1. 2 and petitioner e No. On 24 May 2018 . and Ors. Aug 4, 2023 · The State of Bihar, delivered on 8th February 2022 - Latest Supreme Court Judgement on 498a 2023, revolves around the quashing of an FIR filed under various sections of the Indian Penal Code (IPC) against the appellants, who are the in-laws of the complainant wife. Apr 5, 2018 · 498A quash Judgment 04. Court:Punjab And Haryana High Court. Decided on 6 August 2012 Law Point: When the statute provides for specific remedy and procedure, then extraordinary jurisdiction or writ jurisdiction or inherent powers are not required to be exercised — Parties should be relegated to […] Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R. Kans Raj v. Jul 31, 2020 · Read Articles on 498A Quash Judgments After hearing the parties, the High Court considered various facts & definitions in DV Act and came to the conclusion that the allegations leveled against the relatives are very vague and bald in nature without there being any specific instances of domestic violence as is completed under Section 3 of the Act. 647 of 2021 with Criminal Application No. DISCLAIMER: The above judgement is posted for informational purpose ONLY. 03. Vide Crl. 2022 – SC) wife has instituted a criminal complaint against […] Court: Madhya Pradesh High Court . Kumar . 664 of 2002 on 11. Haq . On 04 March 2013 . Bench: JUSTICE Atul Sreedharan . judgement Rakesh Kumar,J. 06. Dischage u/s CrPC 239 & specifically it's applicability in 498A IPC. 2023- In this article, the Allahabad High Court held that the wife has leveled general allegations in the FIR without allegations of any specific act against the In-laws, and in the impugned summoning order passed by the magistrate, there is nothing which may indicate that the Magistrate has considered the facts of the case before passing the summoning order Dec 23, 2023 · Supreme Court Judgments- 498A Indian Penal Code, 1860 Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void Case Title: P Sivakumar vs State | 2023 LiveLaw (SC) Jan 3, 2019 · Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. 2018, held that since no charge­sheet was filed against the brother­in­law and sister­in­law (xxxx and xxxxx, respectively), 498A Quash Judgement Dated 09. Seenivasan v. Feb 15, 2022 · Supreme Court: In a dowry demand and harassment case, where a woman had lodged criminal complaint against her husband and in-laws but no specific role was attributed to the in-laws, the bench of SA Nazeer and Krishna Murari*, JJ has held that it would be unjust if the in-laws are forced to go through the tribulations of a trial and that general and omnibus allegations cannot manifest in a Court: Madhya Pradesh High Court . 2022 – In this article, the Karnataka High court has held that the allegations made against the husband and his relatives are general and omnibus in nature without quoting any specific incident against them. About Me. 248/2019 dated Apr 25, 2022 · Conclusion - 498A Quash Judgement by Supreme Court - Neelu Chopra & Anr vs Bharti. The two appeals filed by five accused (three in one case and two in another) arise out of two identical orders passed by the Madras High Court on 7. Kahkashan Kausar @ Sonam vs. Therefore, the impugned FIR and all other subsequent proceedings arising therefrom, deserve to be quashed. The high court on April 5, 2022, declined to quash the FIR against the husband. 27 of 2021 asked the Maharashtra State Government to consider making offence punishable under Section 498A of IPC a compoundable Dec 21, 2021 · Read More Judgements on 498a Quash. 2 in internal May 26, 2022 · Sri. No. 2022- In this article, the Madhya Pradesh High Court held that The allegations alleged against the parents-in-law with regard to the demand of dowry as well as dowry demand cruelty are inconsistent, vague, and general in nature. Nov 5, 2019 · Rajesh Sharma v State of UP to regulate the purported gross misuse of Section 498A IPC have been modified just recently in a latest judgment titled Social Action Forum Manav for Manav Adhikar and another v Union of India Ministry of Law and Justice and others. 2 appeared through Vakalatnama. Ravikant Dubey & Ors. 2003 and 21. Court:Rajasthan High Court . State of West Bengal and others (SUPREME COURT OF INDIA) Date of Judgment : 23/11/2004 Indian Penal Code, ss. 2011 when parties were called before Mahila Police Station. 323/2002 under Section 498A / 406 / 34 IPC, PS Vikas Puri be quashed. 2023- In this article, the Gujarat High Court held that in view of the settlement by the wife, and the judgement of acquittal of the husband and mother-in-law, there exists no scope for any further proceedings against the brother-in-law in the present case, and the continuance of proceedings against the brother-in-law would lead to wastage of judicial time as there Sep 15, 2021 · Watch our latest video on How to Quash 498a-Recent Judgment 498a Quashing 01. Law Point: Sections 498A, 304B — Cruelty — Dowry death — Culpable homicide not amounting to murder — Framing of charge — For framing of a charge against accused, not only suspicion but grave suspicion that accused is likely to have committed offence is required Dec 6, 2023 · Recently, the Supreme Court (on November 30) while quashing the criminal proceedings for the offence of cruelty under Section 498A of the Indian Penal Code, 1860, observed that one occurrence, 3. 2009 and the marriage was registered on 22. Sep 30, 2020 · This petition has been filed to quash the proceedings in C. In this case initially court was reluctant to quash charges of 376 IPC but we gave a supreme court judgement. Yes, you can still be arrested, though as per Arnesh Kumar Judgment there will be no automatic arrests on 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharariya Nyaya Sanhita, 2023) and a Police officer has to follow the guidelines in CrPC 41 if he has to make any Jul 30, 2021 · Referred Case 498A Quash Judgement 30. If any Court finds that false or malicious FIR has been filed against a person, the High Court has the power to quash the FIR and set the innocent person free. Law Point: Sections 406/498-A — Complainant made omnibus allegations against petitioners-accused and tried to rope them all as co-accused to face trial : No justification for summoning co-accused on basis of statement of complainant. 498a quash judgment by Supreme Court Aug 18, 2021 · Read More Judgements on 498a Quash 498A Discharge Judgements 18. husband (accused no. May 20, 2022 · 498A Quash judgement by Supreme Court 08. 9. Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Section 4 — Anticipatory Bail — Cruelty — Common Intention — Dowry Demand — Other co-accused already been See full list on scconline. State of Punjab and Others Court: Punjab and Haryana High Court Bench: JUSTICE GURDEV SINGH Raj Kumari vs State Of Punjab And Others on 30 April,… Read More Kicking Daughter in Law attracts Penal Provisions but not 498A Court: Supreme Court of India Bhaskar Lal Sharma & Anr vs Monica […] 498A Summons Quash Judgement 08. Both husband and wife are highly qualified and are working with reputed organizations like Tata Consultancy Service. Rathi . as also under Sections 3/4 D. Sanjay Kumar Manwani (Dr) Vs. Bench: JUSTICE Sanjay Kumar Gupta . Proceeding relating to offence under Section 498A quashed. State & Ors. C, in order to prevent abuse of process of law and to do substantial justice, can quash an FIR at the stage of investigation, if the FIR ex facie fails to make out a case under Section 498A IPC and that every act of cruelty will Feb 25, 2022 · Read More Judgements on 498a Quash Gopu Rajender Reddy And 9 Others vs Gopu Krishnaveni And Another on 25. Shadi Lal And Anr. A complaint is lodged in the Police Station, which is transferred to the CAW Cell. No. Tabrez Khan alias Guddu & Others v. Bench: JUSTICE Pritinker Diwaker . com no. On 21 April 2017 . Quash 498a -Vague allegations in FIR. The opinion of the Supreme Court on 498A Quash Jun 29, 2021 · 498A Quash Judgement 29. (08. Aug 4, 2023 · This website will help in how to fight 498a IPC case and save u from the 498a misuse its 498a quash judgments helps in quashing 498a FIR About Me. Given below are the Top 10 Supreme Court Judgments on the misuse of Section 498A of IPC 498A Quash judgement partial - Free download as PDF File (. 1998 […] Apr 14, 2020 · This e-book have latest Supreme Court Judgement on 498A & Various High Courts which became precedents for the future cases to decide on those bases. 09. Jan 13, 2023 · The Court held that the FIR was a classic example of roping in family members of the husband under Section 498A to settle personal scores with the husband. Law Point: Section 498A — Criminal Procedure Code, 1973 — Section 482 — Cruelty — Quashing of FIR — Both parties resolved all their disputes and differences by way an agreement before Mediation Centre — Marriage between petitioner and respondent was also dissolved by a decree of Sections 498A, 34, 506 — Domestic Violence — Cruelty — Common Intention — Quashing of proceedings — No limitation prescribed for filing application except reasonable time — Similar allegations in complaint under Section 12 of Domestic Violence Act as in FIR lodged under IPC — Fit case for quashing of complaint — No finding can be arrived insofar as contention regarding no Quashing an FIR filed under Section 498A of the Indian Penal Code (IPC) is possible under Section 482 of the Code of Criminal Procedure (CrPC), which gives the High Court the power to quash any criminal proceedings that are deemed to be frivolous, vexatious or oppressive. 1026 of 2017 (Ankit Kumar Vs. M Dec 16, 2022 · 498A Quash Judgement 16. Manju Ram Kalita vs State Of Assam on 29 May, 2009; 5. Atma Sudhir Shetty vs The State By on 09. 2021 498A Quash Judgement 09. C Read Related Article- 22 Landmark 498a quash by Supreme Court and various High Courts _____ Referred cases 498a Quash Judgement 02. It is mentioned that a divorce petition has been filed by the husband of the complainant. The Supreme Court of India granted leave to appeal a decision of the Rajasthan High Court dismissing a petition to quash an FIR filed against appellants 1, 2, and 3 (mother-in-law and sisters-in-law of respondent 2) for dowry harassment. Adultery is not Cruelty for 498A. 9. Offences under Sections 498A and 406, I. If the facts of the case at hand are tested in the light of observations made by the Hon’ble Supreme Court in Preeti Gupta v. 390 of 2014 under Sections 498A/406 IPC, filed by complainant­xxxx. 2021 help in fighting 498a & fight 498a misuse BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH Read Latest Article- 498a quash judgement 1. Shukla Tarlochan R. A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the Jan 2, 2023 · 498A Quash Judgement 01. Oct 27, 2023 · Quashing of false 498a is possible but first, you need to know the reason for false 498a. But, with time it has lost its credibility. The key reasoning, analysis, and takeaways from this judgment are as follows: I JCC 2983 SC “498A-interpretation-harassment simplicitor is not cruelty-it is only when harassment is committed for the purpose of coercing a women or any other person related to her to meet an unlawful demand for property, etc. I. 498A of IPC is not attracted in the report. -that it amounts to cruelty punishable under section 498A”. 498a Quash 2008. State of Bihar and other, 2022 AIR (Criminal) 338, wherein the Top Court stated that Section 498A of the IPC are being misused by women and they inflict to settle personal vendetta against husband and his relatives. Bench: JUSTICE Sanjeev Sachdeva . On 9 October 2002 . –No allegations against appellant in respect of offence under Section 498A–No allegation of torture for demand of dowry against appellant. JUDGEMENT. 498A IPC case against in-laws; calls allegations “Far-fetched and improbable” “The fact that wife confessed making a vicious complaint against her brother-in-law to the High Court clearly shows that her motives were not clean insofar as her brother-in-law is concerned, and she clearly wanted to wreak vengeance Oct 8, 2018 · This article is based on the 498A Quash Judgment 10. Some of the judgments of the Supreme Court which have interpreted the width and ambit of Section 498A are, a) Vanaka Radhamanohari vs Venaka Venkata Reddy (1993) 3 SCC 4 affirmed in Sarah Mathew vs Institute of Cardiovascular Diseases (2014) 2 SCC 62; The Supreme Court held that the maxim Mar 2, 2024 · About Me. In cases where May 3, 2024 · Bhajan Lal Judgment to invoke jurisdiction under Section 482 of Cr. 2023- Gujarat High Court – False Allegations against the Husband and Six In-laws, FIR Quashed. We, therefore, allow this appeal and quash the proceedings initiated against the appellant under Section 498A of the IPC. State by Inspector of Police. Feb 7, 2021 · BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH. 415 of 2019 on the file of the learned Judicial Magistrate-1, Tiruvallur, thereby taken cognizance for the offences under Sections 498A & 406 of IPC as against the petitioner. Court opinion 498A Quash Judgement 30. Venkatareddy Alias vs The State Of Karnataka on 10. Feb 29, 2024 · Steps in 498A Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra: This is the first step for 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) in most states. 2002 in the Court of Chief Judicial Magistrate, Ranchi under Sections 420 Jun 6, 2019 · 498a quash Judgement HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ON 06. On 13 Feb 2014 . State & Anr. Anita And State on 16 March, 2005 Quashing Of FIR Registered Under Section 498A Of IPC To safeguard women from cruelty, section 498A of Indian penal code, was inserted by the criminal law (second amendment) act, 1983. Dr. The same is extracted below: Dec 31, 2021 · We all saw how just recently on December 21, 2021, the Bombay High Court in a learned, laudable, landmark and latest judgment titled Siddhivinayak Umesh Vindhe Vs The State of Maharashtra & Anr. 7. The appeal is allowed to the aforesaid extent. Allegations made by complainant in her complaint do not prima facie inspire confidence against Applicant— Applicant appear to be falsely implicated being relatives of complainant and her husband. Learned Counsel appearing for the petitioners submitted that O. Learned counsel for the petitioners submits that the basic ingredients of Sections 354/354A/354C/498A and Section 3/4 of Dowry Prohibition Act and Section 323 IPC are not made out against any of the 3. Rashmi Chopra v. Feb 28, 2023 · Read the Latest Article- 498A Quash Judgement 30. 498A Judgements Avinash Kumar vs The State Of Jharkhand Court: Jharkhand High Court Bench: Justice Shree Chandrashekhar Avinash Kumar vs The State Of Jharkhand… Read More Beli Baraik vs The State Of Jharkhand Court: Jharkhand High Court Bench: Mrs. P. 2023- In this article, the Calcutta High Court held that the allegations in the written complaint filed by the wife are general in nature, and all allegations are made only with the intention to harass the husband and In-laws. State of Kerala and Ors. Mar 13, 2020 · 498A Quash Judgment 13. 2015- In this article, the Bombay High Court held that no specific role is attributed to the brother-in-law, sister-in-law, and other relatives of the husband, and there is only a casual reference to their names in the FIR. According to the facts of the case, the marriage between the wife and her husband was solemnized on 04. 2023- Jammu and Kashmir High Court – No Specific Allegation against the Mother-in-law, FIR Quashed. in question and consequential proceedings, if any, quashed. State of UP]A two Judge Bench of Justices AK Goel and UU Lalit observed that Section 498A was inserted in the statute with the laudable object Jan 11, 2022 · 498A Quash Judgement 01. Guideline for 498A cases. on 19 March 2020 . txt) or read online for free. C. ” Apr 8, 2024 · Discharge in 498A: An article which covers most common queries w. 2022 Thereafter, the advocate submitted that the marriage of the husband and the wife was solemnized in the year 2005 and whereas the allegations raised even if they are believed to be true, are related to a period between the year 2005-2007 and even in the FIR the wife has clearly stated that she herein 27. Sep 16, 2021 · 498a quash judgement by supreme court- This article is based on the decision of the Hon’ble Supreme Court in the case Shakson Belthissor vs State Of Kerala & Anr on 6 July 2009, In this decision, the Apex court explained the definition of cruelty in the explanations of Section 498A IPC and quash the FIR and chargesheet against the husband on the grounds that no allegations are involved their Apr 22, 2023 · Court:DELHI HIGH COURT. Kamlesh Negi & Anr. 498a Quashed - Filed by an impersonator and a cheat - Delhi HC; 498a Quashed - Against sister and mother in laws where the wife resiled on the compromise - Delhi HC Q4. In the case of R. GAJENDER SINGH Vs. UOI WRIT PETITION (CIVIL) NO. At this stage, it is worth to note here a decision of Hon’ble Apex Court rendered in Gian Singh v. 2018-Vague Allegations-FIR Quashed against the petition filed under the provisions of section 482 of the Cr. Kapil Gupta v. 1998, passed by the learned Additional District Judge, Jagadhri, vide which the petition filed by the appellant under Section 13 of the Hindu Marriage Act, has been ordered to be dismissed. 2022 Kahkashan Kausar @ Sonam vs The State Of Bihar. Further, the In such circumstances, we modify the judgment assailed in this appeal and quash the summoning order as against the appellants so far as the allegation of commission of offence under Section 498A of the IPC is concerned. 4. Further, he was not the beneficiary of dowry articles, which as per the complainant demanded by the petitioners, FIR Quashed. Insofar as the offence under Section 498A IPC is concerned, the court does not find any material fact or allegation worth the name against the present petitioners. A FIR is a first document on which whole investigation and chargesheet is based. Printout/ Copy from this website are not admissible citation in the Court of Law. 2022. Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 17. State of Bihar and Ors. Aggrieved, the Husband and petitioners herein lodged a criminal writ petition before the Patna High Court, for quashing the said FIR dated 01. A. State Of Gujarat & Ors. Case Dismissed. 498A Quash Judgement 31. Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 506, 34 — Quashing of FIR — Cruelty — Criminal intimidation — Common intention — Applicant is unnecessarily implicated by non-applicant No. Court: Kerala High Court . Aug 14, 2023 · In a recent legal pronouncement that has reverberated across India’s legal landscape, the Supreme Court delivered a profound verdict concerning the quashing of FIRs under section 498A of the Indian Penal Code (IPC). Mar 30, 2023 · 4. Kapur v. 1113 of 1999 by learned Chief Judicial Magistrate, Bhagalpur. Hence High Court discharged the accused Husband and his parents under section 227 Cr. Sep 9, 2021 · The complaint under Section 498A IPC has led to several other cases. 8. May 20, 2023 · judgement This appeal by the appellant−husband is directed against the judgment and decree dated 25. Sections 498-A, 406 — Allegations against petitioners (mother-in-law, brother-in-law and sister-in-law of complainant) are general and vague. D. State Of Uttar Pradesh & Ors. 08. No order as to costs. 3. Satheesh N. State Of M. 2019- In this article, the High Court held that the cousin father-in-law is residing separately, and no specific allegation has been attributed to him either of demand or subjecting the wife to cruelty. 2 besides the instant case, had brought a complaint case against her husband and others being Complaint Case No. Kathuria . Allegations made by petitioners not only vague but varying — F. 2022- In this article, the Bombay High Court held that the allegations made against the parents-in-law, sister, and brother-in-law are not specific in nature. Such cases are to be dealt by a 498A lawyer. Five Lakhs on a woman’s father for lodging false cases under Section 498A of the Indian Penal Code (IPC) at different cities/ States against the husband with the sole purpose to harass him. The High Court placed reliance on the decision of the Supreme Court in Kahkashan kausar @ Sonam and others v. State of Chhattisgarh On 21 May 2018 . www. On 30 September 2013 . Court: Gujarat High Court Bench: JUSTICE Rajesh H. 2022- In this article, the Madhya Pradesh High Court held that in the absence of any specific allegation with regard to the demand for dowry and cruelty, only on basis of Inconsistent, vague, and general allegations, the case against the parents-in-law is nothing but an abuse of process of law. “181. ) 104 (SC)=IV (2012) CCR 115 (SC)=(2012) 10 SCC 303, wherein the Hon’ble Apex Court has given certain guidelines with regard to quashing of the proceedings whenever the parties have entered into compromise. org Supreme Court Judgments on IPC- 498a 1 Satyajit Banerjee and others v. 2019 in the case registered u/s 498-A , 354, 323, 504 and 506 read with Section 34 of the Indian Penal Code quashed the proceedings against the distant relatives of the husband who are living separately and only vague and general allegations are levied against Apr 22, 2024 · Introduction. Equivalent citations: 118 (2005) DLT 476, I (2005) DMC 659, 2005 (81) DRJ 15. Sep 1, 2023 · The said woman had earlier made a written complaint in 2013 levelling several allegations against her husband and in-laws. 2022 – In this article, the Telangana High court has held that the allegations made against the relatives of the husband don’t specify any overt act against any of the petitioners. Sant Singh Vs. It is clear that allegations against In-laws are made only with a view to harass them and allegations made against In-laws do not attract provisions of Section Apr 16, 2024 · Decision of the High Court. Dec 19, 2022 · Here, are the 5 latest judgements of courts in which FIR registered under 498A got quashed due to presence of vague allegations and false charges against the husband and his family members. Court: Delhi High Court . On 29 August 2012 . This petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr. 2020 by Kerala High Court. 575 of 2002 registered at Police Station, Rajouri Garden, New Delhi under Sections 498A/406 read with Section 34, Indian Penal Code (IPC). Jan 12, 2023 · 498A Quash Judgement 09. Subsequently, a further inquiry was held by the Superintendent of Police, Patiala, who despite taking into consideration the report filed by the Women’s Cell Patiala, came to the conclusion that the Respondent No. Quash 498a vague. The Supreme Court of India (Apex Court) has recently imposed a cost of Rs. Jan 10, 2017 · Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. Rahul Madhav Phate And Others vs The State Of Maharashtra on 21. State Of Rajasthan & Anr. Jun 18, 2021 · Abdul Basheer vs State of Kerala 17. 498A Quash Judgement 22. Sections 406, 498A quashed. Jay Prakash and Ors. Jun 7, 2019 · Directives To Prevent 498A Misuse [Rajesh Sharma vs. The cases related to 498A is grevious offense and needs to taken care by a 498A lawyer who has in-depth knowledge about this particular section of 498-A. 498a. Annexure-P5 is the Record of Proceedings dated 12. The High Court is of the firm opinion that it is a clear case of over implication of charges upon the in-laws by the complainant. 05. Judgment Against Husband. 73 OF 2015. Jul 7, 2021 · The High Courts have the power to quash an FIR. Jhaveri Vs. State the Delhi High Court has recently quashed charges of 376/354/498a/406/34 IPC. Even when the complaint is under investigation and there can be no improvement over the complaint, then the allegations can be considered general and omnibus, and it does not Sep 1, 2023 · The Supreme Court on Thursday quashed a criminal case under Section 498A of the Indian Penal Code (IPC) filed against the former in-laws of a woman on allegations of cruelty and harassment. Hon’ble court unable to find any material to make out a case under section 498a and 406 IPC read with 34 against the husband and in laws. Act, Police Station-Mahila Thana, District-Kanpur Nagar, pending Aug 8, 2020 · According to the Indian Courts, misuse of 498A can be termed as legal terrorism. Therefore, the FIR registered with the Police station, Surat for the offenses punishable under sections 498A, 323, 504, 506(2), and 114 of the IPC against the three In-laws are quashed and set aside. All the allegations seem to be against the husband. The Aurangabad bench of the Bombay High Court recently quashed a cruelty case under Section 498A of Indian Penal Code (IPC) against a woman judicial officer (ap Sep 20, 2019 · 498A Quash Judgments 20. 2003 passed in Complaint Case No. Court: Punjab and Haryana High Court . t. Section 498A came into existence for the upliftment of women. Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. 04. Oct 16, 2019 · 498A Quash Judgement 16. Appeal allowed. . Bench: JUSTICE Manmohan . Bibi Parwana Khatoon vs State of Bihar (2017) Directions of the Supreme Court Jan 30, 2023 · 498A Quash Judgement 30. Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. 2020- In this article, the High Court held that the Karnataka High Court at Bengaluru was not right in saying that there was a prima facie case against the parents-in-law and other relatives of the husband, and there are no specific allegations against them. Court: High Court of Delhi. Vs. Bench: JUSTICE Sasidharan Nambiar . These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a. The appeal is allowed. Leave granted. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the Sec. & Anr. Dec 16, 2022 · 498A Quash Judgement 16. ) seeks the quashing of FIR No. 2019- In this article, the Allahabad High Court held that where there is no nexus of the dowry demand in Allegations and where no specific role has been leveled against In-Laws, then the Criminal Proceeding is bad in law. 2022- In this article, Andhra Pradesh High Court held that general and omnibus allegations are made by the wife against her brother-in-law. State of M. By way of the impugned judgment, the High Court has set aside the concurrent findings of conviction of the courts below and acquitted the appellant under Section 304B of the Indian Penal Code [for short ‘the IPC’] while confirming his conviction under Section 498A of the IPC. Bench: JUSTICE R. Place of trial in case of certain offences:– (1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, or belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. It is more often used as a weapon rather than shield by disgruntled wives. Acquittal Judgements Raj Kumari Vs. 10. Police should justify their arrest and should not arrest without reason. Amarjit Singh vs State of Punjab, 1939; 4. 2023- Calcutta High Court General Allegations against the Husband and In-laws, Chargesheet Quashed. May 22, 2020 · The court after referring to plethora of judgments of other High Courts as well as the Supreme Court, was of the firm opinion that, in order to convict a person under section 498A IPC, there must be evidence to prove that willful conduct of the person drove a woman to commit suicide r to cause grave injury or danger to life, limb or health 9. 3920/2003 Anupam Sharma, husband of Anu Gautam prays that FIR No. In the present case, the motive for causing injuries to Gurmit Kaur is her refusal to help her in-laws and her husband in effecting a compromise in a case under section 326, Indian Penal Code that had been registered against Harbhajan Singh and others which occurrence had taken place about 13 months earlier. Feb 10, 2024 · The Bombay High Court's recent ruling quashing a cruelty case under Section 498A IPC filed by a judicial officer against her husband and in-laws marks a significant stance against the misuse of legal provisions in matrimonial disputes, highlighting the court's role in ensuring justice while preventing legal system exploitation. Consequently, the judgement and decree dated 30. The High Court, vide its judgment and order dated 12. Vidya Devi Vs. Mar 25, 2023 · Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of charge sheet — Cruelty — Dowry Demand — Allegations do not make out/constitute alleged offence — Allegations extremely vague and omnibus and levelled on account of fit of anger About Me. Nowadays women use it as a weapon for acquiring maintenance or to defame not only the husband but also the in-laws in society and to harass them with rigorous trial procedures. V. 1492 of 2019, filed by the Appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the FIR No. C) explains the inherent powers of the High Court. State Of Maharashtra & Anr. pdf), Text File (. This appeal is directed against the judgment and order dated 13. Law Point: Indian Penal Code, 1860 — Sections 498A, 406 — Cruelty — Criminal Breach of Trust — Cognizance of Offence — Quashing of — Last alleged act of cruelty upon complainant, which might remotely be covered under definition of cruelty as per Section Mar 24, 2023 · Court: JAMMU AND KASHMIR HIGH COURT. judgement 1. It specifically mentions that the High Sep 3, 2023 · Supreme Court quashes S. 2021 – In this article, the Bombay High court has held that the allegations made against the petitioners are absurd in nature as the mere mention of the names of the petitioners is not a sufficient cause to attract the provisions of Sections 498 A, 323, 504 From the above judgments, it is clear that the High Court, in exercise of its inherent powers under Section 482 Cr. State Of Haryana & Anr. JUDGMENT KRISHNA MURARI, J. STATE (GNCT OF DELHI) & ANR. 2023- In this article, the Gujarat High Court held that the FIR filed by the wife does not show any physical harassment or mental abuse of the wife or any dowry demand made by the husband and six In-laws. Court: Bombay High Court . To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India. Law Point: Cognizance of offence – Lack of territorial jurisdiction- Petition to quash proceedings Feb 2, 2021 · The present 482 Cr. 2007. 5). May 5, 2024 · The husband filed a petition under Section 482 of the Code of Criminal Procedure (CrPC) seeking to quash the FIR against him. Charge under Section 498A/34 IPC r/w Section 3/4 Dowry Prohibition Act and under Section 323/34 IPC has been framed against all the petitioners. The Marriage Petition No. 2009 and the wife started living with her husband. Bench: JUSTICE Sandeep Mehta . 2022- Gujarat High Court - No Specific Allegations against Three In-laws. Bench: JUSTICE B. Section 482 of the Criminal Procedure Code (CrP. On 15 July 2009 . M. 2021- This article is based on the recent decision. the State of Punjab, AIR 2000 SC 2324:-In this case, the Court observed that for the fault of the husband, the in-laws or any other relations cannot, in all cases, be held to be involved in the demand of dowry. Law Point: Allegation under section 498a against sister in law are peripheral and appear to have been leveled only to put pressure on husband. Manas Acharya Vs. 2. 3 was solemnised on 1. May 11, 2020 · It would be manifest from the aforesaid judgments that the Supreme Court has repeatedly expressed its concern with regard to false implication of relatives of husband in cases under Section 498A of the IPC and other releated offences. Can I get arrested in Section 498A without notice from Police? A4. Feb 15, 2022 · Arguments – 498A quash Judgement 25. SC Defines 498A , 304B & Dowry. 2021-This Article is based on the high court judgment where the court quashed the proceedings against mother-in-law, father-in-law, and married sister-in-law on the grounds that allegations against mother-in-law and father-in-law found to be incorrect and no specific allegations against the married sister-in-law. In case of Kahkashan Kausar and Ors. This article would further discuss the Judgments delivered by the Supreme Court on the misuse of Section 498A of Indian Penal Code, 1860. 01. Bench: JUSTICE S Agarwal. Bench: JUSTICE M. In pursuance of the notice, O. Apr 26, 2022 · Here is the analysis of some of the Judgements related to 498A quashing 498A Quashed because wife failed to mention allegations of dowry demand in written statement filed by her in the Divorce Case filed by Husband It appears that marriage of informant-opposite party No. Law Point: Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Section 498A — Quashing of FIR — Cruelty — Only omnibus allegations made by complainant — Neither date nor time or place mentioned that as and when, by whom she was Apr 10, 2022 · Court’s Opinion- 498A Quash Judgement 04. 02. State of Jharkhand, reported in II (2010) DMC 387 (SC)=VI (2010) SLT 7=III (2010) CCR 338 (SC)=(2010) 7 SCC 667, it is apparent that the complainant in her belated complaint has without any justification and basis tried to entangle all the relatives of her husband. 23 of 2018, under Sections 498A, 323, 494, 506 I. Here are the reasons wife has filed false 498a cases on your family. 2022- Madras High Court - No Prima Facie material available against the Husband and Parents-in-law. The Supreme Court has also taken judicial notice of the fact that there is a growing tendency of even Sections 323, 498-A, 504, 506 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Quashing of proceedings. C for relief of quashing of FIR registered with Tofkhana police station, Ahmednagar, for the offenses under section 498A, 323, 504, 506 read with section 34 of the IPC. to quash the case the accused, which states that "where a criminal proceeding is manifestly attended with mala fide and/or Read More Judgements on 498a Quash Domestic Violence Case Quash Judgment 22. 51902of 2018, arising out of Case Crime No. State of Uttar Pradesh and Another, Bhajan Lal v. Law Point: Criminal Procedure Code, 1973 — Sections 5, 6A — Indian Penal Code, 1860 — Sections 498A, 109, 406 — Quashing of FIR — Cruelty — Abetment — Criminal breach of trust — Settlement of dispute between parties — Mutual divorce decree passed by The judgement of the Supreme Court on section 498A of the IPC is delivered in Social Action Forum for Manav Adhikar vs. Image result for 498a quash 20 leading Judgments of the Supreme Court which command illegal arrest and misuse of Section 498A of IPC. Reeta) of respondent-Ankit Kumar under Section 13 of the Hindu Marriage Act, 1955 is accordingly, dismissed. 19, which was dismissed by the impugned judgment. The Hon’ble court examined the materials on record. 2 had been harassed by the Appellant and her father-in-law and mother-in-law for not meeting the demand of dowry and suggested action to be taken under Sections 406, 498A IPC The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. According to the FIR, there is a rift between the complainant and her husband. In the complaint, it is very clear that the complainant has been residing with her parents. Oct 21, 2022 · Introduction. The High Court can quash the FIR if convinced that the person is innocent and falsely implicated. 2022; 3. 4. Feb 23, 2012 · 498A Quash Judgment – Punjab Haryana High Court held that the allegations leveled by the complainant against relative of husband are all general in nature. The high court opined that it was not a case to invoke inherent powers to quash the FIR. R Quashed. Thereafter, an FIR was registered against all four of them under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2019 passed by the High Court of Patna in Criminal Writ Petition No. ’, for short) by which a prayer was made to quash the charge-sheet and the Jan 14, 2023 · Hence, she approached the high court under section 482 Cr. in Criminal Application No. Mirza Iqbal vs the State of UP; 2. 2018- In this article, the Punjab-Haryana High Court held that a general allegation has been raised against the father-in-law and there is no specific allegation/ detail against him, to constitute an offense under Sections 406, 498A, and 506 of the IPC. 2021- Father & Mother-in-law living separately from the couple and no specific allegations against them leads to quashing Apr 30, 2015 · 498A Quash Judgment 30. 28. State of NCT of Delhi, 2022 SCC OnLine SC 1030, while quashing an FIR Jun 8, 2018 · 498A Quash Judgement 06. vs Smt. Jan 22, 2023 · Here, are the 6 latest judgments of courts in which FIR registered under 498A got quashed due to presence of vague allegations and false charges against the husband and his family members. 2021- 498A FIR after two years of living separately and after filing a divorce petition is considered to be a counterblast and After Thought to it. 2018 as well as the entire proceedings of Criminal Case No. 2003 dismissing the petitions filed by them under Section 482 of the Criminal Procedure Code (‘Cr. application has been filed to quash the cognizance order dated 27. 2022 498a quash Judgement 10. Narinder Singh Saini Vs. Pradeep Vs. State of Uttar Pradesh & Another 2. 12. 11. State of Bihar on 08. Buy "Guide to Fight Maintenance Under section 125 Cr. Jan 9, 2021 · 498a quash judgement 1. 2019 passed by the Additional Principal Judge, Family Court, Bijnor, is hereby set aside. The complainant appears to have falsely involved the petitioner in the present case. 2018- In this article, the Bombay High Court held that the allegations against the parents-in-law, brother-in-law, and sister-in-law are vague and general in nature, and no specific role or act of them has been specifically mentioned in the FIR. R. with an application to quash the FIR. State Of Punjab On 27 April 2002. 2022 498A quash Judgement 25. 5. Heard learned Counsel for the parties. The Section 498A of IPC - Very Important Judgments and Case laws with citations of 498A Indian Penal Code. Sep 4, 2023 · What options husband has in false 498A complaints? Judgement on 498A. Law Point: Section 482 — Indian Penal Code, 1860 — Sections 406, 498-A — Quashing of FIR : Criminal breach of trust, Cruelty : Wife facing criminal prosecution of killing her own husband : FIR lodged against husband under Sections 406 and 498-A, IPC against mother Sep 14, 2022 · 498A Quash Judgement 14. 2021. 2021- in this article, the Karnataka High court has held that the allegations made against the mother-in-law, father-in-law & married sister-in-law are general & sweeping as no specific incident is quoted against any of the petitioners in the complaint. r. Justice Anubha Rawat Choudhary Beli Baraik vs The State… Read More Deepak Sharma vs The State […] Mar 24, 2023 · Court: Chhattisgarh High Court . DV and 498A can be filed on same facts. By the present petition the petitioner has sought recall of Look-out- Circular (LOC) and Red Corner Notice (RCN) issued by Delhi Police and Interpol against the petitioner alleging that LOC and RCN were issued in arbitrary and malafide exercise of power by the respondent. 2021 498A Quash Judgement 21. Section 498A/406 - Brother-in-law(Jeth), residing separately. 498A, 306 - Trial Court acquitted accused but High Court set aside acquittal Nov 15, 2022 · Bonus Judgement–Our Firm Case…In Sumeert Rathore &ORS Vs. F. The Supreme Court judgement in which extensive discussion is there about section 498A and dowry harassment has been delivered by a Bench comprising of CJI Dipak Misra, Justice A. 498a Quashed – After mutual consent divorce and agreement to quash 498a the complainant deliberately evading appearance and not traceable - Delhi HC. Gavai & Z. 1. vs. 2020- In this article, the court held that there is no specific allegation in the FIR against the parents-in-law, brother-in-law, and sister-in-law, and the demand for dowry made by them after about 10 years of the marriage is quite unrealistic. 07. 498A Quash Judgement 04. atunu kxpsglk zer oyp lrm yvkul bhpp lceebzc dttaxhn gnyv