Hello All,
The Supreme Court of India on September 14, 2018 modified its July 2017 order in dowry harassment case for preventing misuse of Section 498A of Indian Penal Code (IPC). The Section 498A (dowry harassment) of IPC protects gender justice and rights.
A three judges’ bench led by the Chief Justice Dipak Misra withdrew the earlier direction issued in Rajesh Sharma case which stated that complaints under Section 498A of the IPC should be scrutinised by Family Welfare Committees before any legal action by police.
The Rajesh Sharma ruling was made by a bench of Justices A K Goel and UU Lalit. The court directed states to set up Family Welfare Committees (FWC) comprising 3 members in every district across the country to keep an eye on the uprightness of each complaint.
1)Please share any such order/judgement where the Hight Court/Supreme Court have dismiss/quash the IPC 498a Complaint/FIR/Chargesheet on the grounds that first complaint was already dismiss by family welfare committee and the second complaint on same ground is not tenable. If yes , provide the judgement details..If no , any other judgement which is related to similar matter.
2)Please share certified copy of any such order/judgement where the Supreme Court have dismiss/quash the IPC 498a Complaint/FIR/Chargesheet on the grounds that first complaint was already dismiss through any legimitate authority (police/court/Social Welfare Office/etc) and the second complaint on same ground is not tenable. If yes , provide the judgement details..If no , any other judgement which is related to similar matter.
3)However , It is not clarify by Supreme Court in Sept 14 , 2018 order that whether the Section 498a complaint which was dismiss by the Family Welfare Committee before the Sept 14, 2018 order , can also be filed again on the same ground in police station. Please answer in Yes or No.
4)If the answer is ‘Yes’ to question 1 , what all are the grounds on which FIR can be done on same 498a complaint after the Sept 14,2018 order.Assuming no new charge is mention in 2nd complaint.
5)If the answer is No to question1 , what measures can be taken by accused to prevent the FIR to be lodge for same 498a complaint which was already dismissed by family welfare committee before Sept 14,2018 order.Assuming no new charge is mention in 2nd complaint.
6)If the answer is No to question1 and the FIR is lodge by police after a gap of 1 year..What are the measures accused can take for dismissing the FIR.Assuming no new charge is mention in 2nd complaint.
7)Please provide the process to get the above clarification for the Sept 14 , 2018 order related to IPC 498a given by bench led by Dipak Misra.
Actually basis of all these question is that the first complaint was dismiss by FWC and later after an yr same complaint is lodged in different Police station and Police over look the family welfare committe report as it was dismantal by Supreme Court in the last order on 17th Sept 2019..Now , I am going for quashing in High Court.
Note: Both the compliants are related dowry harrasement ..FIR section in 2nd complaint is 498a,34,406,323,506.and the first complaint was dismissed by FWC.
Thank You to all the expert advocate for answering the query.
