Due procedure in 498a (any ruling)?

The Police authorities to whom the complaint/information under section 498A IPC is made is supposed to issue notice to the named accused persons under section 41 and 41A Cr.P.C.

There will be no arrest of the accused persons as per the Supreme Court of India directives in the matter : Arnesh Kumar v/s State of Bihar & Anth. in CRIMINAL APPEAL NO. 1277 OF 2014.

The duty of the local police is to refer the matter reported to it for offences under section 498A IPC to the CAW cell of the State/district Police, which is supposed to mediate and try to reconcile the matrimonial dispute between both parties amicably.

If IO or police do mischief in handling of case they can be penalized.

498A FIR process usually takes 5-6 months, summon from CAW cell, counselling sessions and then FIR is filed (if no settlement is reached). Due process is usually followed at every step in all major cities. No arrests are made these days unless there are serious injuries or unless accused try to abscond. 

Thanks a lot experts. I have one friend who had been charged u/s 498A, 497, 504, 323, 341 of IPC in 2013. Then a compromise was reached.

After that, again his wife started creating issues. He somehow pulled on with her. But again in 2015 she fled from house after making an NC in police station. 

The guy got really frustrated and filed for divorce. The wife retaliated with another 498A along with 323.

The honorable sessions court rejected AB on grounds that the person is husband, allegations are direct and that he is not willing to take her back.

High court had a similar approach putting the following points:

1. Surrender before court within 2 months to get regular bail, but inform the informant (wife) in advance.

2. Keep wife with dignity and care.

3. withdraw divroce peition with in one month.

He is not willing to live with her again as he was mentally harassed a lot while he used to stay with her and thus has not yet surrendered. Kindly tell me what should be the best possible step to be taken next.

Regards,

Saurabh.

LOT OF VAGUE TERMS ARE USED “wife started creating issues.” UNLESS FACTS ARE KNOW IT IS NOT CLEAR, IT IS NOT EASY TO SAY WHETHER SHE CREATED ISSUED OR WAS FACING ISSUES DESPITE HAVING COMPROMISED ONCE.

“she fled from house after making an NC in police station” BASICALLY DEROGATORY TERMS “FLED” AS IF SHE WAS A PRISONER OR A ZOO ANIMAL. NOTHING NEW. UNLESS FULL FACTS ARE KNOW IT CANNOT BE STATED WHETHER SHE FLED OR ESCAPED.

“frustrated and filed for divorce” ON WHAT GROUNDS. AFTER HOW MANY DAYS.

“allegations are direct” WHAT ARE THE ALLEGATIONS?

“he is not willing to take her back.” EVEN IF HE HAS TO PAY THE PRICE WHICH IS MUCH HIGHER. HIS AB APPLICATION HAS BEEN REJECTED . THERE IS NO DIRECTION BY HIGH COURT THAT IT HAS TO BE GRANTED WHEN HE SURRENDERS OR APPREHENDED.=============== PERHAPS HE HAS NOT BEEN TOLD TH TIN INDIA JAILS ARE NOT AS ROSY AND COMFORTABLE AS SHOWN IN MOVIES.

“mentally harassed a lot” WITHOUT FULL FACTS IT CANNOT BE TREATED WHETHER HE WAS HARASSED OR HE HARASSED WIFE TO THE EXTENT THAT SHE (DESPITE HAVING COMPROMISED ONCE) HAD TO FINALLY LEAVE.

“not yet surrendered. Kindly tell me what should be the best possible step to be taken next” LET HIM NOT SURRENDER. POLICE IS TRAINED AND PAID TO DEAL WITH SUCH SITUATION THEY KNOW HOW TO DRAG HIM FROM WHEREVER HE MAY BE HIDING. THEY ARE FREE TO ADOPT LEGAL/EXTRA-LEGAL/ILLEGAL WAYS TO NAB A FUGITIVE. HE SHOULD WITHER OBEY HIGH COURT ORDER OR GET IT REVERSED BY SUPREME COURT. BY NOW HE MAY HAVE SPEND A WAD FULL OF MONEY NOW LET HIM SPEND A BAG FULL AND HOPE WHETHER SUPREME COURT GIVES HIM RELIEF

Dear Mr Sudhir sir

I ask you one question, why is this internal misandry present in each and every person in our society? Whenever a man says he is innocent and faced torture and harassment from his wife, our ears cant belive it, we feel uncomfortable to accept that a man can be harassed by his wife. We try to find out nuances in the story to somehow pin point on the man himself. The man must have done something wrong. Women are abla nari, they can not harm any soul. Why this thinking sir?

This is the reason men like my friend whom I know is not a bad guy is suffering, because innocent men do not have any protection under law from harassment from wife and in laws!! He has no one who can believe his story. After all natural justice says he is innocent till proved guilty! Poor guy files divorce to get some peace in life, that right also being snatched by our honorable courts. Where should a guy go so that he gets support??

Then finally men are committing suicided... that seems to be the best option for them to get some peace???

65000 married men are committing suicides every year and we still are not ready to listen to their story?

Sad state of affairs that the very person You, me and many innocent guys who are working hard 8 to 10 hours daily to ear enough money to take care of the family/extended family are being ignored like this. 

To add to all this, the poor guy we are talking about doesnt even have enough money to spend in supreme court. There advocates are charding in lakhs or a hearing. Its correctly said that even justice needs be bought... such an irony...

 

Regards,

Saurabh.

It is you only who said that your friend has failed to convince the High Court that he deserves anticipatory bail

In your interest I reiterate

 

HE SHOULD EITHER OBEY HIGH COURT ORDER OR GET IT REVERSED BY SUPREME COURT.

 

BY NOW HE MAY HAVE SPEND A WAD FULL OF MONEY NOW LET HIM SPEND A BAG FULL AND HOPE WHETHER SUPREME COURT GIVES HIM RELIEF

 

or else keep hinding and delay commencement (also end ) or trial and prolong his agony and reduce propspects of regular bail.

 

Sir,

This is what I wanted to bring to notice of everyone. He has no problems in surrendering but the clauses high court is putting are weird. They are asking him to take back his wife. The same wife who put such allegations on him ( 498A and 323). Bringing her back is very very risky that you will also agree sir. She now will come prepared to put farther allegations on him.

Secondly, why is high court interfering with his right to file divorce? Why ask him to withdraw divorce? 

 

Secondly, why is high court interfering with his right to file divorce? Why ask him to withdraw divorce? ================= This forum is not spokesperson of High Court. ============ no useful views can be expressed unless the order is read. cold fact on ground reiterated as under ============================ HE SHOULD EITHER OBEY HIGH COURT ORDER OR GET IT REVERSED BY SUPREME COURT. ================= BY NOW HE MAY HAVE SPEND A WAD FULL OF MONEY NOW LET HIM SPEND A BAG FULL AND HOPE WHETHER SUPREME COURT GIVES HIM RELIEF == or else keep hinding and delay commencement (also end ) or trial and prolong his agony and reduce propspects of regular bail.