498A

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
My wife complained at UP Police Station that my husband beats me for dowry and I am leaving my matrimonial house going to my maternal house at Delhi. After 4 months, My wife complained to Delhi Police that my husband and 8 other family relatives were beating me regularly for last 13 years for Dowry. Delhi police registered the case. On charge, Judge discharged 8 relatives stating that the F.I.R. to Delhi Police was framed and actual complaint was given to UP Police and charged the husband u/s 498A. Is it justify that a judge of Delhi court charge a person on a complaint to UP Police on which UP Police didn't register any case.

Thanks for the reply given by learned Devajyoti Barman. The marriage was performed at Delhi on 25.01.1991 and after that all so called events were happened at Ghaziabad. Complaint was given to Ghaziabad police which after investigation found the same as fake. Even the complainant moved the police station herself and was required no medical help. Hence, Ghaziabad Police didn't go medical checkup and she left for her maternal house after giving complaint letter. After around 4 months, she framed a different story involving 8 other persons stating that my husband alongwith all other persons collectively beats her. Judge assumed that it is a false story and charged husband on the basis of complaint given to Ghaziabad Police. Copy of order is enclosed. Please clarify. Thanks

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Devajyoti Barman (Expert) 15 June 2011
If the alleged torture was perpetrated both at UP and Delhi, then the court of either places has got jurisdiction to try this case.

PALNITKAR V.V. (Expert) 16 June 2011
The judge and Mr. Barman both are right! You will have to face the trial.

Jitendar Kumar gupta (Expert) 16 June 2011
you can approach to high court if UP Police has dropped the proceeding.

Arun Kumar Bhagat (Expert) 19 June 2011
The observation of the Metropolitan Magistrate appears very reasoned.Face the trial sincerely, there is enough chance of acquittal.

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