Archive for the '498A Quash Petition' Category

A Gujarati Guide To Surviving IPC 498A

This is a translated, though slightly older version of the popular Guide To Surviving IPC 498A.

Download the pdf here:

A Gujarati Guide To Surviving IPC 498A (pdf)

All the supporting material in the form of judgments, etc, in English, are here:

The 498A Survival Kit

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SC Clarifies Sections 406 And 498A – 2007

Excerpts:

  • According to Section 406 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which dominion or control is acquired by the accused. The second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )
  • We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of Rs. 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned.

Here is the judgment: SC Clarifies 406 And 498A-2007

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Fudging Data-19,000 Frivolous 498A Cases: Renuka Choudhry In Parliament

You can read about her obfuscation of facts here:

http://desicritics.org/2008/03/16/091618.php

FULL TEXT: 

GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT

LOK SABHA
UNSTARRED QUESTION NO 193
ANSWERED ON 16.11.2007

FALSE IMPLICATION IN DOWRY DEATH CASES

193. SHRI RAGHUVIR SINGH KAUSHAL
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Law Commission has suggested not to acquit the
accused of dowry death on flimsy grounds;
(b) if so, the details thereof and the action taken thereon;
(c) whether the Government is aware of false or willful implications
in dowry cases; and
(d) if so, the reaction of the Government alongwith the action taken
thereon?

ANSWER
MINISTER OF THE STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a)&(b) Law Commission of India has submitted in October, 2007 its
202nd Report on “Proposal to amend Section 304-B of Indian Penal
Code” in which recommendations have been made relating to dowry
deaths. The Report is available on the website of Ministry of Law and
Justice, Law Commission of India. Department of Legal Affairs has
forwarded a copy of the Report to Ministry of Home Affairs for
examination/implementation.

(c) The following data for the country has been furnished by National Crime Records Bureau, Ministry of Home Affairs for the period 2004-06:-

Under Section 304-B IPC (Dowry death)

No. of cases registered: 21431
No. of cases declared false on account of mistake of fact or law: 974

Under Section 498-A IPC (Cruelty by husband or relatives of husband)

No. of cases registered: 179568
No. of cases declared false on account of mistake of fact or law:
19013

Under Dowry Prohibition Act, 1961

No. of cases registered: 11300
No. of cases declared false on account of mistake of fact or law: 615

(d) It is for the investigating and prosecuting authorities in the States to deal with any false complaint relating to dowry.

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Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

The Mumbai HC may have taken the first step in the right direction of blunting this extortion racket called Sec 498A Of The IPC. A 498A wife files the case to force the hubby to settle and then prays the HC for a quash.

To understand what I am saying, read this:

The Abuse Of The Benevolence Of The Courts In 498A Cases

You can also read about this NRI doctor whose sister was jailed for a month and released after the NRI paid up the demanded cash. Indira Jaising was instrumental in getting his sister arrested.

You can read about it here: NRI doctor fleeced for 40 Lakhs

If this is not extortion, then what is ?

Here is the news article: Mumbai HC: Hubby Can Be Jailed Despite Patch-Up

Here is the 107 Page judgment:  Mumbai HC Judgement: Hubby Can Be Jailed Despite Patch-Up

Here is the graphic:

Timeline

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The Comprehensive Guide To Surviving IPC 498A

The Survivor’s Guide To IPC498A has been renamed, rewritten and divided into an introduction and 3 chapters.

Chapter one contains comprehensive excerpts from Supreme Court and High Court judgments that describe your rights and the limits on the powers of the police. Please read it to defend yourselves effectively.

Here is the link to the same document and supporting material:

A Guide To Surviving IPC 498A

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Understanding HC Quash Petitions: Section 482 Of CrPC

The definitive guidelines under which a High Court can exercise its authority to quash a petition is given by the Supreme Court in the Bhajan Las Vs State Of Haryana, 21/11/1990, judgment. This judgment lays the ground rules for a HC to quash a criminal case.

Here is the link to the judgment from Judis:

http://judis.nic.in/supremecourt/qrydisp.aspx?filename=7332
OR

SC: HCs Have To Be Cautious In ‘Dowry’ Cases

The best explanation of the view of the courts, in my opinion, has been given by Justice Dhingra.

This is what he says:

“While exercising powers under Section 482 of the Cr. P.C. the Court has to keep in mind that it should not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. This is a function of the Trial Court. Though the judicial process should not be an instrument of oppression or needless harassment but the Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances in consideration before issuing process under Section 482 lest the Section becomes an instrument in the hands of accused persons to claim differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to an accused to short circuit a prosecution and bring about its sudden death. “

Here is the document that attempts to explain HC Quash Petitions (Section 482):

Understanding HC Quash Petitions: Section 482 Of CrPC

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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