498 A SECTION CRIMINAL CASE UNDER PROVISIONS OF INDIAN PENAL CODE.
1.) MATRIMONIAL DISPUTES RESULT IN FILING OF CRIMINAL CASES UNDER SEC. 498 A AND OTHER PROVISIONS OF INDIAN PENAL CODE.
2. THIS PROVISION WAS MADE FOR PROTECTING GENUINE PERSONS BRIDES AND HER RELATIVES AGAINST HARASSMENT FOR DOWRY
3. BUT IT IS OBSERVED THAT THE SAID PROVISIONS ARE MISUSED BY THE CONCERNED TO PRESSURISE AND EXTRACT UNDUE GAIN BY THREATENING TO FILE FALSE CASES.
4.THE AMMENDMENT WAS MADE WITH GOOD PURPOSE TO PROTECT GENUINE CASES OF HARASSMENT OF BRIDE BY INLAWS FOR DOWRY AND OTHER DEMANDS.BUT THE PROVISIONS WERE MISUSED BY INVESTIGATION AUTHORITIES AND THE HUSBAND AND HIS RELATIVES WERE IMMEDIATELY ARRESTED AND SENT TO JAIL ONCE MERE SINGLE PAGE COMPLAINT IS FILED AT THE POLICE STATION BY THE BRIDE AND HER RELATIVES AGAINST THE HUSBAND AND HIS RELATIVES.
5. SEVERAL CASES WERE REGULARLY FILED WITH CONSULTATION FROM INTERESTED PERSONS AND INVESTIGATION AUTHORITIES.IT CAUSED ATMOSPHERER OF THREAT TO THE RELATIVES OF HUSBAND.INCLUDING OLD PARENT, INNOCENT UNMARRIED SISTERS AND EVEN RELATIVES WHO NEVER RESIDED WITH THE MARRIED COUPLE.
6. SEVERAL JUDGMENTS WERE PASSED BY HONOURABLE HIGH COURT AND SUPREME COURTS REGARDING MATRIMONIAL DISPUTES INVOLVING ALLEGATIONS UNDER SEC. 498A AND OTHER PROVISIONS.
7A RECENT JUDGMENT OF HONOURABLE SUPREMENT COURT OF INDIA IN CASE OF ARNESH KUMAR IS REMARKABLE. IN SAID JUDGEMENT THE HONOURABLE SUPREME COURT OF INDIA HAS ISSUED CLEAR DIRECTIONS TO THE SUPDT OF POLICE REGARDING PROCEDURE TO BE FOLLOWED REGARDING CASES UNDER SEC. 498A.
8 THE PERSONS ACCUSED UNDER SEC. 498A MAY APPLY FOR ANTICIPATORY BAIL TO DIST AND SESSIONS COURT/ HIGH COURT IN CASE THEY ARE APPREHENDING ARREST UNDER COMPLAINTS FILED UNDER PROVISIONS OF 498A AND OTHER PROVISIONS. HONOURABLE COURT MAY PASS ORDER OF INTERIM PROTECTION AND MAY CONFIRM THE SAID ORDER ON THE BASIS OF DOCUMENTS AND EVIDENCE PLACED ON COURT RECORD.
9THERE ARE SOME GENUINE CASES ALSO WHERE THE GUILTY SHOULD BE PUNISHED BUT AT THE SAME TIME NO INNOCENT PERSON SHOULD SUFFER DUE TO ANY FALSE CASES FILED AGAINST THEM.
10 IN SUCH CASES IT IS ADVISIBLE TO TAKE URGENT STEPS AND HENCE IT MAY BE NOTED THAT PRECAUTION IS ALWAYS BETTER THAN CURE OF SAME.
THIS ARTICLE IS FOR THE HELP OF INNOCENT PERSONS SUFFERING DUE TO HARASSMENT AND MENTAL TORTURE DUE TO SAID CASES PLEA E NOTE.
GOOD LUCK.
N.B.SAWANT.M.COM.LL.B.,ADVOCATE HIGH COURT.
