498A
aparna
(Querist) 13 August 2009
This query is : Resolved
I read an article in the "Sakal" marathi newspaper. In the said article the wife had filed a complaint against her husband and in-laws after about an year. The article stated that the husband resides in some area near Parwati, Pune (MAharashtra), the wife stays in Baroda(Gujarat) with her parents. The article stated that the Gujarat police on getting a complaint had acted on the complaint and arrested the husband and his parents under S. 498 A. question I want to ask is that under what section can this be done? Mine is a similar case but when I went to the police station, my complaint was rejected on the ground that the husband not residing in the same town S. 498 A cannot be attracted If S, 498A can be applied in the abovestated case why not in my case? So i wanted to know how and under what provisions can it be done?
Kiran Kumar
(Expert) 13 August 2009
case is to be registered at the place where the offence is committed not at any other place.
Deekshitulu.V.S.R
(Expert) 13 August 2009
Mr. Kiran
Where you allege that the consequences harassment against a woman ensue at the place where she is presently residing, that a complaint lye, as per the provisions of Sec. 179 of Cr.P.C. The High courts and also the apex court have said the same in may of it's judgments. Sec. 198-A is to be read along with Sec. 179. Only thing is that we have to plead that the consequences of harassment have arisen at the place of residence of the woman. The offence under Sec. 498-A and consequences arising there under are continuing in nature,
Advocate SK Rohilla New Delhi
(Expert) 13 August 2009
Your case can be registered and investigated by the police at the place where you have put up right now. The conduct of Police is highly deprecated and is against the spirit of scheme and object of Section 498 A. Kindly do the following;
1. Make a written complaint to Police and take receipt from them.
2. if no action is taken within week or refused to take complaint. Then file the same with Commissioner of Police in writting alleging all facts.
3. Still no action? then consult an advocate and file a complaint to Magistrate.
I hope this would certainly solve your problem
Ravi Arora
(Expert) 14 August 2009
Rightly said by Mr. Rohilla but Mr. Kiran 498A is continuous offence and if you put this in the complaint it can be registered at any place
alokraman
(Expert) 15 August 2009
section 498A is continuous offence and as such action may be taken on the basis of complaint if therer is specific allegation
