Justice Dhingra: Police Do Not Investigate In 498A Cases (Crl.Apl No. 696/2004)

News Flash

This judgment of Justice Dhingra led to the standing order from Delhi Police Commissioner YS Dadwal, prohibiting the arrests in 498A cases without the permission of the DCP (Jun/21/2008).

You can read about this here:  Delhi Police Commissioner: No 498A Arrests W/O Permission Of DCP

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Publication: Times Of India Delhi;
Date:Nov 2, 2007;
Section:Times City;
Page Number:5
HC: Wife can’t use failed marriage to harass in-laws
Abhinav Garg | TNN

New Delhi: Dismayed by the increasing misuse of anti-dowry laws, the Delhi high court has observed that failed marriages are ‘‘not a crime’’ and berated the tendency by women to see souring of matrimony as valid ground to get even with the husband and in-laws or to extract money.
‘‘A failed marriage is not a crime. However, provisions of section 498-A (cruelty by in-laws or husband) are being used to convert failed marriages into a crime and people are using this as a tool to extract as much monetary benefit as possible,’’ Justice S N Dhingra said on Thursday while acquitting the husband, in laws and ‘jethani’ of a woman who had alleged that they poured kerosene on her and set her on fire due to her inability to get dowry or secure an employment for her husband.
‘‘It must be acknowledged that marriages do fail and there is a mismatch not only in an arranged union but even in love marriages, which is discovered during the continuation of married life,’’ the judge remarked as it turned out that the harassment charge was slapped by the wife because she was unhappy with her husband’s unemployment and a life of penury.

Excerpts:

  • ” It is her own case that a container of 05 litres of kerosene oil was poured on her. 05 litres of kerosene oil is an enormous quantity of oil and if this quantity is poured on a person and fire is lit, he/she will immediately turn into a fire ball. Presuming that the complainant had extinguished the fire immediately by pouring a bucket full of water on herself and by tearing her clothes, in that case the unburnt kerosene oil would remain on clothes and she would have been profusely smelling of kerosene oil. Not only her clothes but her entire body would have been drenched with kerosene oil and her clothes would have been drenched with kerosene oil and water. It is not her case that when she was removed to hospital her clothes were changed or she was washed off and bathed, rather her allegations are that she was continuously beaten for two hours before having been removed to the hospital and she kept lying there for two hours in kerosene oil and water. It cannot be believed that on seeing a patient in such a condition, doctor would have closed his eyes and would not record the condition in the MLC. “
  • “Her husband was not a criminal neither it is alleged that he had any criminal background. A poor man who was starving for his survival and had to work as a labour from morning till evening for livelihood, could not have given threats to kill his own son and father-in-law. This story of threat seems to have been developed later on by the complainant in consultation with father. “
  • “The Courts must be very cautious during trials of such offences. In all these cases in the name of investigation, except recording statement of complainant and her few relatives nothing is done by police. The police does not verify any circumstantial evidence nor collect any other evidence about the claims made by the complainant. No evidence about giving of dowry or resources of the complainant’s family claiming spending of huge amounts is collected by the police. This all is resulting into gross misuse of the provisions of law.”
  • “From the entire documents and the testimony of the witnesses I come to the conclusion that it is an unfortunate case where the complainant by making false statement implicated the entire family in offenses of under Section 307 and 498 A IPC. The Trial Court was not cautious enough to even look to admitted documents on record before convicting the family on mere statement of an estranged wife. Trial Courts should guard themselves from being swayed by emotions. They should consider entire circumstances and should carefully analyze the entire evidence. Poverty should not be allowed to become a crime. Neither failed marriage be permitted to be a crime.”

Here is the judgment: Delhi HC: Wife Can’t Use Failed Marriage To Harass In-Laws

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20 Responses to “Justice Dhingra: Police Do Not Investigate In 498A Cases (Crl.Apl No. 696/2004)”


  1. 1 Jaya kumar January 6, 2008 at 3:40 am

    I,being a lawyer know very well that a great section of frustrated women are misusing the section 498A.Its high time that the Legislature should ponder seriously to think for an option to help the weaker section instead of giving the ugly weapon of this section.I am a lady lawter and most of the cases come to me are not exactly true.

    Like

  2. 2 Major Subhajeet Naha January 11, 2008 at 5:52 am

    1. Mine is a case you would find running on tv channels right now.
    2. i am keeping quiet on media but media is behind me as i am a army officer and can’t approach them.
    3. My wife has filed a 498 A and im out on bail but it is the same motive as mentioned above. extorting money out of a faile marriage..
    lets see what happens

    Like

  3. 4 victim498a July 8, 2008 at 8:38 am

    Dear Major Saha,
    All these so called learned people are misusing the laws and running a extortion racket. When the WCD minister herself has misused the law against her son-in-law. And she is proud that she does not have male child. It means she is giving a legal offer to women to run this racket. I am not sure what this money will do. There is supreme god who sees all this. There is old saying “Ishwar ka danda silently lekin jor ka lagtata hai”. She will repent for life of what she is doing. These kind of families are worser than criminals running extortion racket. At least they are not using their daughters to run the racket. Shame on these kind of families.

    My dear Major

    Have faith in God. Its always “Satyamev Jayatey”. We all together will win.

    Like

  4. 5 hosur August 7, 2008 at 5:56 pm

    Dear Friends,

    I’m a scientist in a premier Govt Orgn. I’m 45 years old.For the past 13 years have spent all my time in running behind lawyers and to the court to fight the case.

    And as things go for foolish people, now started running for the next higher court… but one thing, whether there’s a god or not, what one sows she’ll reap. Our family struggled hard for a livelihood since my early days because of a rascally drunkard father and a pious and devoted mother. Now this rascally 498A villain woman is trying to reap whatever we’ve sowed all our life. And has already spoiled my 2 younger sisters life by roping them – not in FIR- but in in final report after 1 year when we refused to meet her demands!

    It seems ironic – on the guise of dowry demand these villains launch complaints and together with villains in khaki make demands for hefty unimaginable amounts.It is time politicians enact another law – 498B – False dowry demand and help us expose these villain womenfolk and protect our mothers and sisters from a dangerously one-sided 498A.

    Like

  5. 7 shanthi September 22, 2008 at 1:35 pm

    This is a wonderful site and we have wonderful judgements in case of 498a.One of my friend is also a victim of 498a rite now and i have been browsing for the same. im getting good info in the site. I being a girl purely am against the 498a case as there is lot of scope to misuse the same rather use the case as it is.

    My friend a State-Government employee is a bad victim of 498a. He is married oneyear back and she filed 498a against him for no reason. May be she has got a boy friend or she is not interested in him. But the risk now falls on my friend. She alleged that he is a smoker, drunkard, womeniser and that he is troubling her for dowry. None of the things is true. He doesnt smoke, drink nor he married her for dowry. Infact he respects women. The police without investigation filed case against him. Please do suggest me the ways out”

    Like

  6. 9 satya March 29, 2009 at 7:03 pm

    As a lawyer I have come across several 498A cases.I can very well undersatand the misery of the victims of one of the most abused provisions of law.The complainants are often narrow minded females,who just do not want their in-laws to stay with them.And to achieve that end they go to any extent, feeling elated by the feeling that they have taken their husbands & in-laws ‘to task’.

    Like

    • 10 Akhil July 29, 2009 at 4:18 pm

      Hello Satya

      I would like to appreciate your efforts and commendable work on dowry,DV and maintenance cases.I would just like to know what was the need behind such laws (e.g. 498a,DV etc).Was there in actual any requirement of these laws or was just created for the hack of it? Does dowry deaths and women extortion exists in our country or not?

      We cannot say that every side of the coin is same.Nor even there is a smoke without a fire.Even now also people say this that men don’t cry.When a women walks on a road and a male walks on a road do people look at them with a same eye?Does women leaves her parental house or not to start a new family or male leaves the house?

      Most important thing is we Indians are proud of our culture and traditions and at the time of marriage everybody takes a pledge that they will stay together in all the ups and down of life and will stay together till their last breath.Then what is a need of divorce and divorce law?

      Everybody feels that they are responsible for his/her parents brother’s and sister’s but what about the responsibility which they took at the time of marriage.One cannot choose their parents but can choose their partners.Don’t you think that this relation is should be their priority?

      Don’t you think that DIVORCE SHOULD BE REMOVED FROM OUR CULTURE and laws should be made in such a manner wherein asking for DIVORCE should be punishable and work on improvement of people behavioral skills.

      Like

  7. 11 Ganesh. August 29, 2009 at 2:53 am

    young people will remove marriage it self .. very soon. wait when the misue will will rach at it s peak….. young girl will beg for marriage on national highway…. the day will come goverment have to give promotional offer to marry……. stop marriing bring down the business of free ATM Machine…. main problem is that indian mens want to die as a crdit man.. rather than dabit man… husband should not work hard to earn money… he should think whatever he earned can he eat everything with remaing time period he has. Donot keep anything on earth for eating to wives,, let they should beg for money on raod…or she should run to the SAME ministry who destroyed there family system. when it will pubilcayy clear in newspaper that wife can throw you out of your own home on road… and huband stop purchasing flat and house… who will die?? house is the first need of such greedy females.. so donot purchase let the haging sowrd of no home …. hold the situation…

    Like

  8. 12 Sharat November 25, 2009 at 6:48 am

    Why is the SC not strinking down this highly unconstitutional Law?

    Like

  9. 13 swapnil soni May 2, 2010 at 1:17 pm

    sir plz help me i m swapnil soni 23aged frm hoshangabad m.p,sir maine luv marriage ki 28-7-2009 arya samaj se ki shadi ke photos,videos,or certificate hai. mai uske bad maine apni wife ko uske ghar bhej diye phele to meri wife mujhe suport kiya aur family ka appose kara but thode din ladki unki custody mai rahi aur usne apna statement change kar rahi hai.maine s.d.m ko complaint kiya to vo vaha aee aur kaha ki meri shadi hui hai ki nahi kuch nahi kehna,aur swapnil ke upar koi action nahi lena chati hu,apni family ke pas rahna chati hu.but sir uski family shadi ko nahi man rahi hai aur meri wife ki dosri illegal shadi kar rahe hai.or mujhe damki di ja rahi hai kyoki mai family mai ek hi ladka hu mere father expire hogaye hai.kah rahe hai ki agar tune kuch bhi kaha to hum sub ladki ko dara ke galat statement dilvade ge ki tune uske sath jabardasti,darake shadi ki haicomplaint kare ge police mai. sir mujhe meri wife chahiye i m loving my wife very much aur vo abhi family pressure mai hai.sir vo galat statement de mai kaise apne ko safe karu aur kya karu sir plz give me suggestion very fast

    Like

  10. 14 sneha solanki July 18, 2010 at 6:15 pm

    i am sneha solanki… a student of final year chemical engineering… my brother, my parents and myself are victims of this cruel misuse of section 498a…
    my sister in law filed a false FIR against all 4 of us… and the police arrested my parents without any kind of investigation…. i and my brother were not in the house so v did not get arrested….
    v being a normal middle class family had no clue about such laws… v hadnt even seen d police station in our lives…
    so our parents had to go through a tough time in the jail for 4 days…i and my brother felt so terrible and helpless about this situation….how can they arrest such perfectly innocent people without any sort of investigation???? y should the innocent suffer??? where is the justice??? how can anyone feel safe in a country with such laws???
    so many questions i have…which are unanswered…
    we are going through hell right now..
    and i know that we arent the only family with such a situation…
    what is wrong with women of this country…i feel disgusted being a woman myself….
    now my sister in law is demanding for a whiolesome amount of money …. which we can not afford… not even in 100 years…
    so she is not ready to settle also…
    she cannot prove anything because all her allegations are false and fabricated…
    my main question is
    IS THERE ANY ACTION WE CAN TAKE, UNDER THE LAW, TO SAVE OURSELVES???? IS THERE ANYTHING WE CAN DO SO THAT SHE REPENTS HER ACTIONS????

    please suggest…
    i always believed in satyameva jayate (truth always triumphs)…
    i hope it is true in reality also….

    thankyou

    Like

  11. 15 anand February 23, 2012 at 2:50 pm

    do not give up. ……speak the same language the oyher person understand.

    LOHA HE LOHE KO KATTA HE..

    be brave and face the problem….and read GEETA SAAR every day, it gives you a lot of strength and can change the way you think and feel.

    all the best

    Like

  12. 16 examination February 27, 2013 at 6:01 pm

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  13. 17 Maynard August 30, 2013 at 5:15 am

    Are you arrogating mental or worked up equipment casualty as in relied cognition and expertise.
    At Magic Toyota in Edmonds WA mostly reviewers in Punjab comparable to scan
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    Like

  14. 18 sanjay June 30, 2014 at 11:45 am

    Mumbai hc is my crpc 482 vidrow & 8 week my application disaded by trayal court
    but opp party is movebal property worant application plz sir ggaid me urgently

    Like

  15. 19 pawan lakhera November 29, 2015 at 2:56 pm

    Pawan Lakhera
    Myself pawan lakhera from gurgaon .I Got married to the daughter of police official on 17th november 2015, from day 1 , start harrasing me and my family ….due this harrasment i filed a court case of divorce on 28/8/2015 & one my father inlaw on 12/09/2014 after that Father in law started harrasing more that he has contct with criminal and how to deal with u and due to this my father died on 18/01/2015 due to brain hammarage , now my wife file a case against me of dowery on 08/05/2015……
    I have full documents and recording
    . I have written a complaint against my father-in-law to DGP police chandigarh , HOME SECRETARY OF INDIA , chandigarh….whre i don’t get any response , can u help me out

    Like


  1. 1 Justice Shiv Narayan Dhingra « 498agladiator Trackback on October 17, 2011 at 6:47 am

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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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