498a latest judgements 2018. Bench: JUSTICE Sanjay Kumar Gupta .

However, over time, it has been misused as a tool for vengeance, leading to numerous arrests based on false or exaggerated allegations. Jan 12, 2024 · 498A. 615/2018 Page 3 of 10 case and discarding the same solely on the ground of delay in lodging the first information report Feb 15, 2009 · Court: Supreme Court of India Bench: Arijit Pasayat, Mukundakam Sharma Gopal vs State Of Rajasthan on 13 February, 2009 Law Point: 498 A (a) and (b) Explained by SC. 2022 - Karnataka High Court - Bald allegations made against the mother-in-law, brother-in-law and his wife are general in nature. the wife has not narrated any specific instance of cruelty meted out to her May 3, 2024 · Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court on Friday (May 3) requested the May 8, 2024 · In 2018, the conviction rate of cases under Sec 498A fell to 13%, the 2nd lowest in 13 years. Let’s explore the parameters established by the court under Section 41 of the CrPC, which determines the power of the police in making arrests. In this judgment, the High Court was correct rejecting the plea under Section 482 of CrPC. State Of West Bengal & Anr. Law Point: Anticipatory Bail – Pre-arrest bail under Secs. The court ruled that she couldn't be considered a relative under Section 498A of the IPC, highlighting the importance of precise legal definitions. 11. State & Ors. ILANTHIRAIYAN CRL. This provision was introduced under the code to help protect married women from being subjected to acts of cruelty at the hands of their husbands and/or his relatives. Subba Rao v. DATED THIS THE 12TH DAY OF DECEMBER 2018. ” However, the Court pointed out that the provision also employs the term “woman,” indicating that the person filing a Section 498A case need not Jun 13, 2024 · Karnataka High Court's landmark judgment quashes S. FIR Quashed 498a quash judgement 1. The judgment highlights the pressing need to address such misuse and restore the sanctity of the law. Oct 8, 2018 · This article is based on the 498A Quash Judgment 10. Lalit, JJ. Welcome to the ‘498A IPC’ category, where you’ll find insightful blogs and judgments related to Section 498A of the Indian Penal Code. Oct 10, 2018 · In Social Action Forum for Manav Adhikar and Another, the judgment of Rajesh Sharma and others v. . Dec 24, 2020 · The marriage between the petitioner and the deceased was solemnized on 12. Criminal Revision No. 416 of 2018 (Arising out of Special Leave Petition (Crl. 454/17 pending before the Court of JMFC, Jabalpur, under Section 498-A, IPC. Manju Ram Kalita vs State Of Assam on 29 May, 2009; 5. 248/2019 dated 01. Jun 13, 2024 · AJh,latest supreme court judgements on 498a latest judgements 2018 Bowes-Lyon, 34, who is a first cousin twice removed of the queen, pleaded guilty last month, saying he was "greatly ashamed of my actions which have caused such distress to a guest in my home. Pradeep Vs. 04. Bench: JUSTICES Altamas Kabir & H. 2018 filed in FIR No. Thus the victim can not be convicted under this section. 2022 – SC) wife has instituted a criminal complaint against […] May 3, 2024 · In the said judgment, it was observed that a serious relook of the entire provision (Section 498A IPC) is necessary. com: SC Judgement on Section 498A IPC highlighting Misuse of Law against Husbands 2018. and another 3 passed by the Hon'ble Supreme Court came in question. State Of M. SRI MITHUN D SHETTY. The Bench while acknowledging the legislative intent behind Section 498A noted its potential misuse and observed, “The legislature has enacted the provision of Section 498A to strike out the dowry menace from the society. State of Bihar and Ors. On 24 May 2018 . THE HON'BLE MR. Mar 14, 2024 · Misuse and False Accusations—498a:One of the primary criticisms of Section 498A is the potential for misuse and false accusations. I need this type of judgement. 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. Dec 12, 2018 · IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Aug 1, 2024 · Vidya and Ors. But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed. Bench: JUSTICE Kailash Gambhir . Nitish BankaNitish Banka is an advocate practicing in Supreme Court of India and can be reached at nitish@lexspeak. Read Latest Article- 498A quash judgement 02. 498A Judgements; Acquittal Judgements 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 Jun 23, 2020 · The SC said that Section 498A on behalf of the legislature and the courts were obliged to implement protective measures against misuse and establish the evidence for the courts by requiring them to be held in custody rather than withholding bail. 5). 2 in internal 2. 2508 & 2509 of 2020 Arunkumar S/o. 12. In the Rajesh Sharma judgment, the Hon'ble Supreme Court, in order to prevent misuse of S. Consequently, the judgment and order dated 17th April, 2010 passed by the Sessions Judge in Sessions Trial No. There is another judgment on Section 498A of the Penal Code, 1860 restricting leniency against mother-in-law treating the daughter-in-law with cruelty. 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. 17 15:44:00 IST The second respondent (“the accused”) is a film producer, based in Reason:Mumbai. 2019 by Karnataka High Court. State of Jharkhand, (2010) 7 SCC 667. has been filed by the petitioners seeking quashment of the charge sheet of the Crime No. 2 with petitioner No. t. The landmark judgment discussed above has helped in deciding crucial points in law related to false cases under Section 498-A. Nos. The court suggested the establishment of Family Welfare Committees at the district level to scrutinize complaints before arrests are made. r. ,Apparently, the Supreme Court judgment which guided 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. 1270 of 2018, by which the High Court, in exercise of its revisional jurisdiction, has quashed the order passed by the learned Special Judge, Prevention of Corruption Court: Delhi High Court . 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. Sep 15, 2018 · The judgement of Rajesh sharma Vs. 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. State of U. 01 dated 12. Haq . M @ DHARMARAJ SHETTY. State of Bihar on 08. S/O DHARMARAJ V. The key reasoning Aug 14, 2023 · The judgment serves as a guiding light, illuminating the pathway to a just and balanced legal framework. Jan 18, 2024 · OFF-71% latest supreme court judgements on 498a 2018 Free Shipping Available. 1 was performed on 02. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12. 2019 implicating the Appellants for About Me. State of Bihar 2014 SC Jan 4, 2022 · Consequently, the chargesheet no. The appellants have been convicted under Sections 498A, 304B and 120B of IPC and sentenced to undergo rigorous imprisonment for a period of seven years and pay a fine of Mar 15, 2024 · Ever since the passage of 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), there have been frequent judgments to curb the misuse of 498A. Perusal of the record would reveal that the marriage of respondent No. The Court was dealing with a criminal appeal filed by a man against the judgment of the High Court by which it rejected his petition and declined to quash the chargesheet under Sections 323, 406, 498A, and 506 of the Indian Penal May 8, 2023 · The appellant’s conviction is under Sections 304B and 498A of the Indian Penal Code,1860 raising presumption regarding dowry death within seven years of marriage. I m also suffering from 498,34,3/4 and other charges. Law Point: Sections 406, 498A — Cruelty, Criminal breach of trust — Scope and object of enactment of Section 498A, IPC — Invocation of provisions of Sections 406 and 498A, IPC by parties to do incalculable harm in breaking matrimony of couples — This Court finds it essential to In 2018, however, the discerning and perceptive three-Judge judgement of the Supreme Court in Social Action Forum for Manav Adhikar and another v. The Supreme Court has also taken judicial notice of the fact that there is a growing tendency of even The State of Telangana, delivered on 21st August 2018- Latest Supreme Court Judgement on 498a 2023 In the most recent Supreme Court judgment pertaining to Section 498A in 2023, titled K. 69 of 2012 would disclose that he has been convicted under section 498A of the Indian Penal Code primarily for the reason that he has contracted second marriage. 498A. S. May 27, 2024 · Enforcement of Security Interest — Possession notice — Waiver of right to redeem property in question — Appellant has offered amount to redeem property on 10. The petitioners herein are accused Nos. Do check out the "Other Side. Judgment - Section 498A - Quashed February 11, 2018. Sanjay Kumar Manwani (Dr) Vs. This petition under Section 482 of the Cr. Instances have occurred where individuals, including some women, have been wrongly implicated in cases of dowry harassment, leading to legal complications, social stigma, and financial hardship for the accused. On 30 September 2013 . DINESH KUMAR. State (NCT of Delhi), (2020) 5 SCC 1 has clarified the extent of power exercisable by Courts under Section 438, Cr. (24. I haveresearched these judgements specifically for 498A cases. On 14 May 2010 . JUDGEMENT . The article elucidates the nature, significance, and constitutional validity of the offence under Section 498A of IPC along with the potential misuse of the provision with the remedies for its misuse. Nov 15, 2022 · Here are the 5 latest judgements on 498A i am sharing with you which willdefinitely help you in your case for Quashing of charges, criminal Trials etc. Citation:AIR 2018 SC 1498 Jun 17, 2022 · In a groundbreaking judgement, the Allahabad High Court has laid down guidelines for prevention of misuse of Section 498A IPC (dowry demand). Kans Raj v. Sep 9, 2021 · The complaint under Section 498A IPC has led to several other cases. [Civil Appeal No. But how do Courts decide when to be These judgments will cover important aspect of this 498-A. Dec 13, 2022 · This article is written by Sanjana Santhosh, a law student at Christ (Deemed to be University), Bengaluru. Dec 22, 2018 · Here is the List of 35 important Judgments delivered by the Supreme Court in 2018. Stay informed and engaged in this significant area of Indian law. In case of Kahkashan Kausar and Ors. REV. There are several landmark judgments that have shaped the interpretation and implementation of Section 498A. The allegations made under section 498a and 506 IPC are concerned on going through the charge sheet papers, it is seen that the case of the prosecution is that two months after the marriage, wife was ill treated and harassed in the matrimonial home. The offences alleged against them are under Sections - 498A and 506 of IPC and Sections - 4 and 6 of the Dowry Prohibition Act, 1961. Mirza Iqbal vs the State of UP; 2. state of Uttar pradesh had a detailed guidelines to check the 498a misuse by married women against the husband and relatives of the husband. The State of Maharashtra and Ors. 2, 3 and 4 — Prima facie case against petitioner Apr 8, 2024 · Discharge in 498A: An article which covers most common queries w. The Court ultimately held as follows: “91. State Of Maharashtra & Anr. In a sense, this judgment is not as much about only the merits of the impugned conditions of the bail order, but is meant to address a wider canvas of (what appears to be) entrenched paternalistic and misogynistic attitudes that are regrettably reflected at times in judicial orders and judgments. Sections 304B, 498A — Dowry Prohibition Act, 1961 — Section 2 — Dowry Death — Cruelty — Demand of dowry — To hold accused guilty of offences under Sections 304B and 498A, IPC, prosecution is required to prove beyond reasonable doubt that deceased was subjected to cruelty or harassment by accused. Case No. Explore legal perspectives, case analyses, and discussions on the protection of married women from cruelty and harassment. Rajnesh Vs. the State of Punjab, AIR 2000 SC 2324:-. 4373 of 2020 and Crl. 3. Act and the consequential order dated 22. May 19, 2019 · The case arose through many petitions registered in the Supreme Court since 2012. in or 9891549997 Get Latest News, Breaking News about Adultery Judgements. 1557 of 2016 wherein the Commission partly allowed the complaint preferred by the Apr 5, 2018 · 498A quash Judgment 04. State of West Bengal and others (SUPREME COURT OF INDIA) Date of Judgment : 23/11/2004 Indian Penal Code, ss. Goel and U. 498A Judgements; Acquittal Judgements; Bail Judgements; Discharge Judgements; Quash Judgements; Dowry Latest Laws CRUELTY IN MARRIAGE: ANALYSIS OF SUPREME COURT CASES ON SECTION 498A IPC by Divyansh Hanu Rathi INTRODUCTION Institution of marriage is an oldest social institution and provides a foundation on which whole superstructure of the civilization and prosperity is built. 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. Dec 23, 2023 · The Supreme Court of India reiterated the guidelines laid down by the top court for arrest under Section 498A of the IPC and for other offences punishable by a maximum jail term of seven years in Oct 21, 2022 · Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them. SC Judgement on Section 498A IPC Highlighting Misuse of Law Against Husbands 2018 by Latest Laws Team on Scribd This March 2018 judgment from Supreme Court might just have created an important precedent and reasoning that a long distance between place of trial from residence of accused persons is a valid and reasonable ground for allowing exemption from personal appearance of accused in a criminal trial. State On 23 September 2015 . K. 647 of 2021 with Criminal Application No. Summarizing the ratio of all the above cases the latest judgment pronounced by Hon'ble Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. JUDGEMENT 1. 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 […] Feb 8, 2022 · Indian Penal Code, 1860 - Section 498A - Incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state Posted in General Tagged case law, citation, decision, judgment information system, judis, jurisdiction, latest judgments, recent judgments, sc judgments, september 2018, supreme court judgments, verdict Rahul Vs. Now what are these principles. Bench: JUSTICE Siddharth Mridul . Sep 14, 2018 · Union of India and another16 and some others. 730 of 2020 Supreme Court of India (Affidavit of Assets and Liabilities Judgment) In this very latest judgment the Hon'ble Supreme Court has issued certain guidelines to be implemented in the cases related to the maintenance in all the courts throughout the India with immediate effect. Aug 17, 2019 · According to me, the judgment delivered is rationalized. The Justice Rahul Chaturvedi while adjudicating upon one such petition passed the safeguards to curb the rampant practice of matrimonial cases being exaggerated manifold with all the pungent and castic allegations dowry related atrocities involving the Jun 8, 2018 · 498A Quash Judgement 06. 22 of 2021 registered under sections 498A/494/317 of the Indian Penal Code. State of Gujarat & Anr,; reported in (2017) 9 SCC 641 and in paragraph no. The death took place within six months from the date of marriage. A recent Constitution Bench judgment of this Court, in Sushila Aggarwal v. 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. Arnesh Kumar v. Husband or relative of husband of a woman subjecting her to cruelty. R. 2018 and sale certificate was issued on 27. Sep 30, 2020 · Madras High Court Arunkumar vs The State Rep By on 30 September, 2020 Author: G. In the present matter, the petitioner was a travel blogger and consultant who approached the Court a second time against the action of Regional Passport Authority, Bhopal in not issuing a regular passport for a period of ten years and on the 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. The FIR in question was registered under Section 304B/498A/34 on 02. 9024 of 2018. May 30, 2023 · Critical Supreme Court Judgment on Section 498A. Law Point: Criminal Procedure Code, 1973 — Sections 239, 240 — Indian Penal Code, 1860 — Sections 498A, 323 — Discharge — Cruelty — Hurt — Vague and unspecific allegations against petitioner Nos. 16, the Hon'ble Apex Court has summarized the broad principles with regard to Sep 14, 2018 · The Rajesh Sharma judgment with new guidelines to be followed in IPC 498A cases was pronounced in 2017 by a two judge bench, and it was much celebrated by some people and hailed as a path-breaking judgment, as if following of those guidelines would automatically take away all fear of arrest, roping in of all family members, or the possibility Sep 4, 2023 · What options husband has in false 498A complaints? Judgement on 498A. 4373 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30. 2018, passed by the Chief Judicial Magistrate, Gorakhpur, is hereby quashed. Latest Post. Neha & Anr (Crl) Appeal no. 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. Ilanthiraiyan Bench: G. 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. 498a. 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 allegatio Apr 30, 2019 · To start with, in a latest, landmark and laudable judgment titled Jagdishraj Khatta Vs. (08. As they were divorced, there was no existence of the marriage, which is an essential element of section 498A of IPC. 2018 passed by the High Court of Kerala in Criminal Revision Petition No. 2021- Father & Mother-in-law living separately from the couple and no specific allegations against them leads to quashing of case. 498-A, gave a number of directions such as – Aug 8, 2020 · According to the Indian Courts, misuse of 498A can be termed as legal terrorism. Husband or relative of husband of a women subjecting her to cruelty. It is mentioned that a divorce petition has been filed by the husband of the complainant. 2020 – SC) court are of the opinion that the allegations […] Aug 14, 2023 · Section 498A IPC was enacted to protect women from harassment in their matrimonial homes. 27 of 2021 asked the Maharashtra State Government to consider making offence punishable under Section 498A of IPC a compoundable Jun 15, 2022 · Union of India, the Allahabad High Court recently directed constitution of 'Family Welfare Committee' to look into Section 498A IPC complaints. 2020, whereas auction sale was completed on 12. — Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Bench: JUSTICE Pritinker Diwaker . Durga Prasad & Anr. U. For Allegations of 498A(b) to Suffice, there Must be Evidence for Demand of Dowry. 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. This observation suggests that the act is frequently employed as a tool for retribution rather than a mechanism for justice, thereby undermining the sanctity of the legal system. (2018) – Allahabad High Court: Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Narinder Singh Saini Vs. This article would further discuss the Judgments delivered by the Supreme Court on the misuse of Section 498A of Indian Penal Code, 1860. 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. Dec 7, 2023 · धारा 498A - दहेज हत्या के खतरे से निपटने के लिए इस धारा को आपराधिक इस संहिता में पेश किया गया है। इसके समर्थन में IPC धारा 498A के विवादों की विस्तृत चर्चा करेंगे section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention. 02. 1. C. Mar 2, 2024 · About Me. Oct 16, 2019 · 498a Quash Judgments-Latest judgments 2019 quashed against Mother-in-Law, Sister-in-Laws, Brother-in-Laws, Relatives of Husband on general, omnibus, nonspecific allegations by Various High Courts. 406 IPC Historical judgments related to cruelty, specifically under Section 498A: 1. vs. 1 and 2 in the said C. 1. JUDGMENT N. Apr 12, 2023 · There is a latest Supreme Court judgment on 498A in 2022 which requires specificity in allegations against the husband’s relatives in a cruelty case. [ Read 498A Quash Judgments ] Jan 22, 2024 · With this judgment, the Supreme Court seeks to strike a balance between addressing genuine cases of cruelty towards married women while also preventing the misuse of section 498A. It recalled the earlier direction issued May 12, 2024 · - Preeti Gupta v. The instant appeal, by way of special leave, is directed against judgment dated 12. Acquittal Judgements Raj Kumari Vs. said appeal. Parsvnath Developers Ltd. 498A, 306 - Trial Court acquitted accused but High Court set aside acquittal Court: Delhi High Court . Through this article I will test those principles and show you one or two principles are there in false 498a. This low conviction rate reflects the high percentage of false cases. Union of India Ministry of Law and Justice and others (SCI 14/09/2018) has set aside these directions. Stability i. 2018 passed by the High Court of Rajasthan, Bench at Jaipur in S. 2018 Law Point: No maintenance to an adulterous wife. – 2455 of 2018 with CRR No. Sep 14, 2018 · Dowry Harassment Cases Under Section 498A Of IPC, Supreme Court, IPC Section 498A, Dowry Harassment Cases, दहेज प्रताड़ना केस, सुप्रीम कोर्ट, 498 ए का मामला May 13, 2022 · The instant appeal, by way of special leave, is directed against judgment dated 12. 5661 of 2017) Decided On: 20. 2018. 09. 2018-Vague Allegations-FIR Quashed against the petition filed under the provisions of section 482 of the Cr. Uncategorized Jul 10, 2023 · Important Judgments on Section 498A. Court: Bombay High Court . Gavai, J. Mar 13, 2020 · Read Latest Article- 498A quash judgement by supreme court- The bald allegations against married sister-in-law do not attract section 498A. Bare Act Title 2018 Latest Caselaw 358 SC 2 days ago · The Division Bench, comprising Justice Vibha Kankanwadi and Justice Vrushali V. 2022; 3. We would like to invite the attention of the Legislature to the observations made by this Court almost 14 years ago in Preeti Gupta (supra) as referred to in para 26 of this judgment. Both husband and wife are highly qualified and are working with reputed organizations like Tata Consultancy Service. 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 (v) Yogendra Yadav And Others Vs. Aug 20, 2023 · The judgment noted that this terminology does not encompass the terms “former husband” or “ex-husband” or include any references to “relatives of the former husband or ex-husband. On 01. , held that the pendency of matrimonial cases alone cannot be a ground to decline the renewal of the passport. Vs. 13. The reason given by the learned appellate Court is that second marriage of the petitioner would have caused severe mental cruelty to the . The complainant alleged, in a complaint which she filed on 10 January 2017, that in June 2014 she had enrolled in an institute which imparts training in film acting. State On 4 August 2008 . The case pertains to IPC 498A and Dowry Aug 4, 2023 · The State ofTelangana, delivered on 21st August 2018- Latest Supreme Court Judgement on 498a 2023, dealt with an appeal filed by the maternal uncles of the husband who were implicated in a criminal case registered under Sections 498A, 120B, 420, and 365 of the Indian Penal Code (IPC) based on a complaint filed by the wife. 498A/406/34 IPC – Applicant has joined investigation and cooperating with the police – Proceedings under sec. Sep 18, 2018 · It has to be said right at the outset that the directions issued by a two-Judges Bench in Rajesh Sharma and others v State of UP and another AIR 2017 SC 3869 to regulate the purported gross misuse of Section 498A IPC have been modified just recently on September 14, 2018 in a latest judgment titled Social Action Forum Manav for Manav Adhikar and another v Union of India Ministry of Law and Court: Supreme Court of India . 498A/406 IPC are not meant to for recovery of jewellery and dowry articles. State of UP, the Apex court has chronicled the latest judgment in the case of K. The issue before the CJI led three-judge bench was whether a case of cruelty on account of dowry harassment punishable under Section 498A of the IPC could be registered, investigated and ‘punished’ in a jurisdiction different from the one from which the aggrieved spouse has been forced out on account of such Jun 7, 2019 · In September 2018, a three judge bench modified the directions issued in Rajesh Sharma case for preventing misuse of Section 498A of Indian Penal Code. ” Conclusion. O. Even the apex court has recognized the misuse of 498a a tool to harass innocent people so the Supreme Court went ahead and formed a committee called family welfare Aug 25, 2023 · Read about a recent judgment by the Kerala High Court that quashed a dowry harassment case against a woman in a live-in relationship. By quashing the FIR and spotlighting the paramountcy of evidence-based justice, the Court sends a resounding message about protecting the accused’s rights while upholding the principles of fairness and due process. ( b ) Police officers shall fill the checklist (containing specified sub-clauses under Section 41(1)( b )( ii ) CrPC) and furnish the reasons and material necessitating the arrest. To appreciate the arguments raised by the learned counsel for the parties, a perusal of Section 304B and 498A IPC and Section 113B of the Indian Evidence Act would be required. 191 I. The Supreme Court’s recent judgment on Section 498A has brought several crucial aspects into focus. State of Chhattisgarh On 21 May 2018 . On 6 August 2018 . M/s. 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. By way of the judgments, the Supreme Court has ruled on aspects pertaining to the law of cruelty as laid down under Section 498A of the Indian Penal Code. Sep 9, 2022 · Date of judgment: 21st august, 2018; FACTS TOP 5 SUPREME COURT JUDGEMENT ON MISUSE OF 498A Latest article. Mar 25, 2023 · judgement 1. M. Panneerselvam Jun 30, 2021 · Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sisai P. b. B. Judiciary - Aug 25, 2023 Reliance is placed on the judgment of the Supreme Court in State of H. These judgments have addressed various aspects, including misuse of the provision, evidentiary standards, and the rights of the accused. Gokhale . DEEPAK GUGLANI Date: 2018. 2018, which is much beyond time prescribed in Act — As such appellant has waived Mar 22, 2016 · In a bench headed by Justice Chandramauli Kr. Hats, Footwear & More. L. Hon’ble Judges/Coram: A. Regarding Question 1, this Mar 29, 2023 · Court: CALCUTTA HIGH COURT. Kahkashan Kausar @ Sonam vs. 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. This appeal challenges the order dated 29th September, 2022 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the ‘Commission’) in Consumer Case No. No. Given below are the Top 10 Supreme Court Judgments on the misuse of Section 498A of IPC Union of India - Section Section 498A in The Indian Penal Code, 1860 498A. It introduces safeguards such as the cooling period and the involvement of the Family Welfare Committee to ensure a fair and thorough examination of cases. The judgment of this Court in NALSA and the Transgender Persons Act 186 c. (1999) 3 SCC 259 7 In the latest judgement delivered on September 14 , 2018, the Supreme Court has modified the guidelines laid down by it in Rajesh Sharma and others v. 2019 statement of Shri Arun Kumar Viz/Complainant was recorded who is the father of the deceased by the SDM Dwarka. 498a quash judgment by Supreme Court Section 498A of IPC was designed and inserted into the legal framework by the law and policy-makers, with the main objective of protecting women against cruelty —Dowry Cases u/s 498a IPC India 498a IPC ,Dowry Cases in India,Guide Line in Dowry Cases, Judgements on 498a Ipc by Supreme Court of India,Judgements on 498a IPC by High Courts in 498a IPC,Arrest in Dowry Cases,Bail/Anticipatory Bail in Dowry Cases,Misuse of Dowry Laws in India,Relatives names in Dowry Cases,quashing of FIR in 498a/406/506/34 IPC,Power of arrest in 498a IPC,Mediation and CAW Jan 18, 2022 · That FIR No. The opinion of the Supreme Court on 498A Quash Mar 24, 2023 · Court: JAMMU AND KASHMIR HIGH COURT. 08. P vs Gian Chand (2001) 6 SCC 71 to contend that delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution CRL. State of Himachal Pradesh in Criminal Appeal of 2008 delivered by Supreme Court on April 26, 2019, it has been clearly and categorically held that the incidents which had taken place between husband and wife much before latter’s death by suicide […] Feb 15, 2022 · Read Latest Article- 498A quash judgement 03. 498A IPC case against husband's parents, stressing on preventing misuse of legal provisions by wives with frivolous complaints. ” Sep 3, 2023 · Supreme Court: In an appeal filed by the in laws (appellants) of the wife seeking quashing of FIR and criminal proceedings for the offence of cruelty under Section 498A, the full bench of Aniruddha Bose, Sanjay Kumar, and SVN Bhatti JJ. In case of Kamlesh Kalra and Ors. Prasad and Justice Pinaki Chandra Ghose, gave a judgment in Arnesh Kumar vs State Of Bihar & Anr on (2 July, 2014) where the Supreme Court gave certain guidelines to be followed, they are, all state governments has to instruct its police officers that they cannot automatically arrest a person under Section 498a of IPC but and under parameters of Premium features Free features API Browse laws Browse judgments Latest judgments Advanced search Legal Practitioners, please give feedback on challenges in legal research here Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query ( Query Alert Service ). Shilpika Kalra and Ors. 498A IPC by making sweeping allegations, Read Judgement Saturday, 24, Aug, 2024 दामाद ने मौसी के साथ मिलकर बेटी व नातिन को बेचा, हाई कोर्ट ने कहा- नए सिरे से Sep 14, 2018 · Read Judgment @LatestLaws. Apr 22, 2024 · Introduction. 05. 2020 CORAM: THE HONOURABLE MR. 2020. 2019 passed by the High Court of Patna in Criminal Writ Petition No. BEFORE. Ilanthiraiyan CRL. 1801 of 2006, whereby the High Court partly allowed the Revision Petition filed by the appellant­ husband (accused no. and another AIR 2017 SC 3869 : 2017 (8) SCALE 313 on the arrest of the husband and his relatives on the subject of dowry harassment Jun 18, 2021 · Hemlatha A C vs State of Karnataka 09. Ingredients of 498A of the Indian Penal Code (IPC), 1860 are: (a) The woman must be married; Jul 1, 2024 · 2018 SCC OnLine SC 1501 In this case, a petition was filed to seek directions for creating an enabling environment for married women who are subjected to cruelty to make informed choices and for creating a uniform system to monitor and review systematically the incidents of violence against women under Section 498A, including to prevent 1. In the obtaining factual matrix, there are statutory provisions and judgments in the field and, therefore, the directions pertaining to constitution of a Committee and conferment of power on the said Committee is (1984) 2 SCC 244 (1997) 6 SCC 241 (2018) 5 SCC 1 erroneous. Subhash Kashinath Mahajan Vs. ) No. SABARIMALA Devotion Cannot Be Subjected To Gender Discrimination, Women Entry Allowed In Sabarimala By 4:1 Jun 11, 2019 · In September 2018, a three judge bench modified the directions issued in Rajesh Sharma case for preventing misuse of Section 498A of Indian Penal Code. Read more: Sec. 136 of 2018 on the file of PS-Kotwali, District Gorakhpur for the offences under Sections 498-A, 323, 504, 506, 304-B of IPC and Sections 3 & 4 of the D. [09/08/2024] Aug 28, 2023 · I am most ashamed, most aghast, most astonished and most appalled to learn that none other than the oldest High Court of India that is the Calcutta High Court has in a most learned, laudable, landmark and latest judgment titled Swapan Kumar Das vs State of West Bengal & Anr in CRR No. Subba Rao Vs. CRIMINAL PETITION NO. 8985 of 2022] B. FIR Quashed . Bibi Parwana Khatoon vs State of Bihar (2017) Directions of the Supreme Court Dec 20, 2021 · Madhya Pradesh High Court: Sujoy Paul, J. 2. 266/2017 registered in Police Station Ranjhi, District Jabalpur against them and also the proceedings of criminal case No. Chander Bhan & Anr. Law Point: Sections 304B, 498A — Evidence Act, 1872 — Sections 113A, 113B — Dowry Death, Cruelty — Presumption — Benefit of doubt — It will not be sufficient to only lead evidence showing that cruelty or harassment meted out to victim, but that such Oct 10, 2018 · In Social Action Forum for Manav Adhikar and Another, the judgment of Rajesh Sharma and others v. JUSTICE P. , while quashing the FIR and criminal proceedings against the appellants, opined that the wife’s allegations against the appellants are wholly insufficient many courts seem to be oblivious of the problem. Sukhamay Mondal & Ors. e. 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 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. RAMANA, CJI 1. The Supreme Court of India (Apex Court) has recently imposed a cost of Rs. The current judgment starts from that only. Joshi, delivered an oral judgment on July 11, 2024. Mar 24, 2023 · Court: Chhattisgarh High Court . Amarjit Singh vs State of Punjab, 1939; 4. Transgender persons in heterosexual relationships can marry under existing law . 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. Bench: JUSTICE Asha Arora . judgments and needs no restatement. org Supreme Court Judgments on IPC- 498a 1 Satyajit Banerjee and others v. 955/2018 dated 27th August, 2018 is stated to have been filed by the appellant herein at around 21:05 hrs in the night stating that at around 18:00 hrs of the same day the accused, armed with swords and knives entered appellant’s house with a common intention to attack and kill Yameen and Mobin, sons of the appellant and Jamshed 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 May 22, 2020 · The Aquittal in 498A depends on certain principles of law which may be common in the cases however the facts of the case may change as per the circumstances but the principles remain the same. The right against discrimination under the Transgender Persons Act 191 II. National Insurance Company Ltd. It recalled the earlier direction issued by a two judges bench that complaints under Section 498A IPC should be scrutinised by Family Welfare Committees before further legal action by police. 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. 2022 - Bombay High Court - General allegations made against the brother-in-law and his wife are sweeping A reading of the judgment in Criminal Appeal No. 20 leading Judgments of the Supreme Court which command illegal arrest and misuse of Section 498A of IPC. Gavai & Z. P. Punjab www. 18 of 2018 was set aside. Dischage u/s CrPC 239 & specifically it's applicability in 498A IPC. Challenge in this appeal is to the judgment of … Apr 12, 2024 · State of Bihar and other 1 2022 AIAR (Criminal) 338 considers the various judgments rendered by the Apex Court concerning an offence under Section 498A of IPC, right from the judgment in the case of Rajesh Sharma and others Vs. Naveen Rana Vs. JUSTICE G. However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a 3. Supreme Court (SC) Judgements on IPC Section 498A. – 2864 of 2018 that was pronounced as recently as on August 21, 2023 in the Get Latest News, Breaking News about Quash Judgements. The court observed that the charge sheet was filed against the applicant without proper verification of whether Section 498-A could indeed be applied to her. Feb 14, 2022 · This appeal is directed against the judgment and order dated 13. in Criminal Application No. Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. State of Jharkhand 2014 (9) SCC 653. a happy, cordial In another significant judgment, Social Action Forum for Manav Adhikar v. V. Union of India (2018), the Supreme Court acknowledged the misuse of Section 498A and called for preventive measures. Sep 10, 2019 · Dear Experts The Supreme court latest judgement of Social Action Forum for Manav Adhikar another vs Union of India Ministry of Law Justice ors on 14th Sept 2018 Dec 3, 2018 · They should satisfy themselves about the necessity of arrest under parameters flowing from Section 41 CrPC (the judgment lays down the parameters). Bench: JUSTICE B. 03. 498-A, gave a number of directions such as – Nov 14, 2023 · In a very strong disapproval of the growing rampant misuse of lodging criminal case over petty quarrels by resorting to Section 498A of the IPC by the wife on the husband and his relatives, the Bombay High Court has in a most learned, laudable, landmark and latest judgment titled Ramesh Sitaldas Dalal & Anr vs The State of Maharashtra and Ors Mar 20, 2018 · Criminal Appeal No. 07. A. The article also explains the concept of […] Feb 6, 2024 · It’s advisable to consult the latest legal resources or seek professional legal advice for the most current information. Feb 10, 2022 · SC: Husband's Family can't be Prosecuted by Wife under Sec. Shop Our Safe & Secure Site. Ashish Dixit v. Bench: JUSTICE Sanjay Kumar Gupta . 10. auiedzp zzwxs xhnn nvbo kwiuv jciwzjl rcwbhp wnhqgjx ysrvbeg dkpu