Karnataka HC Quashes Pandurang Katti 498A-2003

This is an old judgment from 2003. This quash (Section 482) petition belongs to one of the oldest members of the movement to end the abuse of 498A. This judgment also has the FIR reproduced in full. The FIR looks a lot like the FIR filed by my ex-wife against myself and my family. It looks like a formula is being applied for filing FIRs, but again, that is just my opinion. An appeal to the Supreme Court challenging the quash, also led to the same verdict. This ended the Katti 498A case, a great victory for SIF.

Here is the judgment: Karnataka HC Quashes Pandurang Katti 498A-2003

Here are some observations from this judgment:

  • “As regards to the alleged beating of the respondent number 2 by the petitioner no 2 it is submitted by the learned counsel for the petitioners that it is absurd even to think that an old lady of 65 years would beat an independent minded educated young lady who also happens to be a state cricket player. I refrain from expressing any opinion regarding the truthfulness or otherwise of the matter but find that even if such a beating as alleged had been done for one day that can be termed only as a quarrel between mother in law and daughter in law and by no stretch of imagination it can be brought under the purview of an offense under section 498a of the IPC.”

  • With regards to this the observations made by the Andhra Pradesh High Court in the case of Saritha Vs R.Ramachandra reported in (I) (2003) DMC 37 (DB) may be referred to:
    “The court would like to go on record that for nothing the educated women are approaching the courts for divorce and resorting to proceedings against in-laws under section 498A, IPC implicating not only the husbands but also their family members whether in India or Abroad. This is nothing but misuse of the beneficial provision intended to save the women from unscrupulous husbands. It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the court and the sanctity attached to the marriage in Hindu Religion and the statutory mandate that the courts try to save the marriage through conciliatory efforts till last, are being buried neck-deep. It is for the law commission and the parliament either to continue that provision (section 498a IPC) in the same form or to make that offense non cognizable and bailable so that ill-educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egoistic women “

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6 Responses to “Karnataka HC Quashes Pandurang Katti 498A-2003”


  1. 1 A Concerned Citizen December 23, 2007 at 5:57 am

    It was interesting to read the judgment given by the Andhra Pradesh High court. It drove me to dig into the details of this case to find out the truth of this case. What was her motive for this? With my experience of dealing with the law, I know what can drive these statements. When I went through the judgment of this case of AP High court, it blindly reminded me of the film “Damini”, a very popular Hindi movie. The girl was put in the same position here. I totally disagree with the statement made by AP High court. In fact I question the dignity and loyalty of the Judge who made this statement. A few thoughts came into my mind when I was going through the judgment.

    What is the aim of Indian Judicial system? Does it really thrive to bring justice to people? Is it really trying to resolve the issue and help citizens live a life it is meant for? One of the statements made in the Judgment was that they don’t find this case valid and have dismissed the case leaving it to the respondent and the Petitioner to settle the matter themselves and hence a Divorce was not granted to them. Is this what our Indian law is meant for? The goal of the law system should be to settle matters of rather than leaving it to the victims to settle. I feel a appropriate judgment for this case could have been granting Divorce to them and letting them live their lives on their own. This would have help both of them get along with their life.

    Not sure where the Victims of this case are, but I’m sure they would have lost their trust on the Indian law system?

    Oh..wait a minute. it never occurred to me. was this a biased judgment made in exchange of Favor? I would not be surprised.

    Like

  2. 2 bharati January 15, 2008 at 2:09 pm

    You must be one of the loyal friends of the girl but usually the judges bend over backwards for the girl . I also looked at the full Andhra Pradesh judgement and by god the girl was vicious.

    Like

  3. 3 Rajesh March 3, 2008 at 8:24 am

    The concerned citizen seems to be another Male Chauvanistic Pig. Such people are who is responsible for this abuse on innocent.

    Well very soon they will have such abuse on them by their wives or cousin’s wives.

    Abuse you throw on others will come back.

    Thanks,
    Rajesh

    Like

  4. 4 durai January 23, 2009 at 8:34 pm

    Right judgement. JUDGEMENT means a decision taken by well sound mind with deep analysis. Quarell should never be looked as harrashment. Quarell is a part of daily life for most of the girls. DV act says male are stronger sex so the attach is always done by male. As is the case how can a 65 yr old female stonger than a 25 yr old female?… We need judges like him. Family is a 10000 yrs old tradition. Can a mere law spoil it?.. 498a will slowly die… It is a shame and damage to women society to have a divorced womne like Renuka as mister of welfare for women. She herself is a illfared and her daughters.. Women welfare is in devil’s hand.

    Like

  5. 5 RAV May 13, 2009 at 6:18 pm

    Most of the cases girls have been a victim. And this case clearly shows how is girl is being harrased in spite of being educated and top of it the legal system also does not support her… Its a shame!!

    May god punishes this man for his deeds.

    Like

  6. 6 gajraj December 28, 2011 at 8:14 pm

    sab rando ko 498A laga ke paisa banana hai aur husband ke family ka band bajana hai, 498A girl rand hai aur baap uska dalal

    Like


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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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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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