498a की शिकायत महिला के अलावा कोई भी दर्ज करा सकता है || 498A Complaint Can be Lodged Except for Women- Supreme Court
The Supreme Court has admitted that under Section 498A of the Indian Penal Code, no intention has been shown that the complaint for offense under section 498A can be filed only on the woman who is harassed by her husband or her relatives.
In the case of Rashmi Chopra vs. UP Government, Justice Ashok Bhushan and KM Joseph were hearing the bench. The case was argued that in this case the complaint itself is not filed by the woman, but the complaint was filed by her father. Therefore, the case is not hearingable or unavoidable.
The bench, while denouncing Section 498A, dismissed these pleas and said that “there is nothing like this in section 498A, to show that when a woman is harassed, in that case only the victim will be tortured Women can file a complaint only. After looking at Section 498A, it has been found that in this section no such intention has been shown that the complaint for the offense under section 498A can only be filed by the woman, who has harassed her husband or her relatives. Therefore, we believe that the complaint filed by the father of the respondent number two can not be denied on this basis. Nor can it be said that the complaint is not worth the hearing. ”
The court said that in the complaint filed on behalf of the victim’s father, it has been told that her daughter’s husband started harassing her for the demand of additional dowry and was demanding one crore rupees. No special charges were made against any petitioner. All were generally charged with general. Those who were clearly showing that the application was filed for harassment under section 156 (3) of the CRPC.
The court also found that during the hearing of the divorce case, the couple had settled all the cases. There were also property related matters. In the end, the bench canceled the complaint and also ordered all those summons that were issued under Section 498A and Section 3/4 of Dow Prohibition Act. However, the bench said that proceedings on the complaint filed against husband and two others under Section 323, 504 and 506 of Indian Penal Code will continue.
Read in PDF
[pdf-embedder url=”https://legalhelpdesk.co.in/wp-content/uploads/2019/05/33286_2018_Judgement_30-Apr-201911.pdf” title=”Supreme court Judgement on section 498a”]
DOWNLOAD
498a की शिकायत महिला के अलावा कोई भी दर्ज करा सकता है || 498A Complaint Can be Lodged Except for Women- Supreme Court
0 Comments