LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Karnataka HC admits Dowry Law is being misused !

HC accepts that Dowry Act is being misused

22 Aug 2010

BANGALORE: The High Court has strongly condemned the investigating officers for blindly registering cases of dowry harassment, without looking into the provisions under section 498A of Indian Penal Code (IPC).

While quashing the criminal proceedings initiated against the petitioners under 498A of IPC at the court of the chief metropolitan magistrate, Bangalore, Justice Subhash B Adi observed that the police had not taken into consideration section 498A of IPC to know whether the allegation amounted to cruelty, the court observed.

To prevent unscrupulous persons from misusing the law, a scrutiny of the complaint at the inception stage is advisable, the court told the investigating officers.

"Before proceeding with the criminal complaint, the investigating officer or the court must look into the allegation to find out whether it makes out a prima facie case to proceed.

"In most of the cases, the police use 498A of IPC more for harassment rather than it's real purpose. The police must use its authority to subserve the purpose for which the provision is made instead of misusing it," the HC told the investigating officers.

It is a common feeling that irrespective of the involvement or nexus to the alleged offence, even friends and distant relatives are implicated. This happens, because of non-application of mind by the police to the contents of the complaint and the offence alleged, which results in harassment of a person who is unconnected with the alleged offence.

Scrutiny of the complaint is necessary at least to know what offence is alleged. Particularly in the case of offence under section 498A of IPC and offence connected with matrimonial disputes, due care is necessary. In some cases, without even allegation, entire family, relatives and friends are made parties, the court observed.

PO Raju, Susamma, Joman Raju and Jolly Raju, all residents of Pathanamthitta in Kerala, filed a criminal petition challenging criminal proceedings initiated against them by Yelahanka New Town police station in a dowry harassment case filed by Raju's wife Jayashree.

Jayashree had alleged that her in-laws, residing in Kerala, threatened her not to come to Kerala after her husband had left the house in Bangalore.

She alleged that her in-laws instigated her husband to leave her company. Jayashree filed a complaint in jurisdictional police station against her in-laws. However, the petitioner's counsel stated that the allegations in the complaint did not constitute cruelty within the meaning of section 498A of IPC. The court upheld the contention and quashed the proceedings.

Source: https://expressbuzz.com/cities/bangalore/hc-accepts-that-dowry-act-is-being-misused/200181.html



Learning

 1 Replies

Prasad___r (NOT working)     23 August 2010

Dear Sir
I am Prakash, residing at Bangalore and seek your help.
I was married to Ms Mohan Kumari aged 30 years who is the daughter of Late Muddappa and sister of the current Asst Commisioner-Revenu ( Gangadhara Swamy GM )of Bangalore North. My wife Mohan Kumari did not leave with me even for 4 months, she wanted me to live with her separately and keep my parents away.
I am the only son for my Parents and living with them today, they have no other options or place to live without me. It is my moral responsibility to take care of them, but my wife and their family, along with her brothers father in Law who is the honorable Jude in the High court of Karnataka ( Subhash B Adi ) and his wife have personally suggested me several times to leave my parents and take up a house to live with my wife separately as she cannot live in a family.

When we met honorable judge Subhash Adi who is a father in law of Asst Commissioner in the high court and at his residenc he also suggested me to stay away from parents for some year & he also offered govt job. I have requested them not to push me to such a difficult situation and try and leave together as a family. But my wife and all her family members have threatened me and also filed a case against me, mentioning that I have harassed her for Dowry under section 498A, which is also filed after nearly 2 years when she had left my house and was not leaving with me. The date mentioned is also the day when I was working in my office. The case is in the court now.
My father and Mother have really gone into depression due to all these issues and are under medical treatment. my father is suffering from disease dementia.I have ruined my life now. I have enough evidence recorded conversations and messages which can be produced in the court to gain justice, but the system is scared of these high profile men.
I seek your guidance, to find a way to gain justice without these interruptions. I have been without a job because of these issues. I have been approached by the Media to share all the evidences and documents to help me gain justice. I do not want to opt for this option at this stage. I am seeking your advice to find a solution to approach the law to help me get justice.
In anticipation of your help and advice to a person who is been suffering with these high profile men.
Regards,

Prakash.R

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register