SUPREME COURT CONDEMNS MISUSE OF 498A

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35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not 22

be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.

36. When the facts and circumstances of the case are considered in the background of legal principles set out in preceding paragraphs, then it would be unfair to compel the 23

appellants to undergo the rigmarole of a criminal trial. In the interest of justice, we deem it appropriate to quash the complaint against the appellants. As a result, the impugned judgment of the High Court is set aside. Consequently, this appeal is allowed.

.................................J.

(Dalveer Bhandari)

.................................J.

(K.S. Radhakrishnan)

New Delhi;

August 13, 2010

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Will Government oblige to SC?

Why SC did not make preventive law u/a 142 of the Constitution?

 
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Consultant

 
  THANKS FOR THE POST  
 
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Done with AIBE

34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.

 

Ain't it strange that Mr. Ganguly here wants a relook at the Section and on the other day while giving lecture supported the same section of IPC.......... or was his intention different.......

 
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Consultant

now he wants to increase turnover of 498a industry

 
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