Case law for framing charges against family friends of accused in 498a
richa kapoor
(Querist) 04 July 2012
This query is : Resolved
HI, I'm facing trials in 498A, and that there are statements in my FIR which shows that charges can be framed against the family friends of the main accused in 498A and also in conspiracy in the statements.
Please help me with relevant citations that help me in my framing of charges against those family friends as the other party relies on U. Savitha for not framing the charges against them?
Devajyoti Barman
(Expert) 04 July 2012
There is no law which would help you to implicate any outsider in 498A case.
His case is going to be quashed to be anyway.
Rajeev Kumar
(Expert) 04 July 2012
Yes in the said section of IPC only the relative of the married woman can be made accused not an outsider.So apply for quashing
richa kapoor
(Querist) 05 July 2012
Pls help me and make me understand whether conspiracy can be attached for the family friends of the accused as they are a integral part in most of the actions of 498A and the statements highlight the same in a very detailed manner.
Adv.R.P.Chugh
(Expert) 05 July 2012
No 498A cannot be made out against them for the following reasons :-
i) 498a makes it penal only for 'relatives'.
ii) Being a penal law this is strictly construed and nobody who is not a relative can be charged under this section;
iii) No proseuction is possible even with regard to S.120/34/149 IPC. Because if a person is unable to commit an offence himself he cannot form the common object/common intention/conspire to do the same.
JANAK RAJ VATSA
(Expert) 05 July 2012
only relatives are inclusive and not outsiders under this section
