Re : 498a
AMAN
(Querist) 06 October 2011
This query is : Resolved
Mr. Raj Kumar Makkad,
Could u pls. elaborate the below mentioned point in detail, which u replied yesterday regarding my query on the subject.
I think you want to know whether the family of sister of husband can also be arrested in such cases.
Hon'ble Supreme Court has clarified in various similar type of cases that no benefit goes of any person except husband and his parents so no other person should be harassed under the garb of this section. Generally during investigation the married sister or her family, if otherwise found innocent are exonerated from charges and they are not arrested.
Is it favourable for Sister's own family who filed the case or Sister's-in-laws family as per the guidelines of Hon'ble Supreme Court?
Thks,
prabhakar singh
(Expert) 06 October 2011
Will you kindly revert back to your original thread ,that would be convenient to us as well as benevolent to you.
Shonee Kapoor
(Expert) 06 October 2011
I don't think SC has given any blanket order in this regard, it should vary from case to case based on the merits of the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjeev
(Expert) 06 October 2011
There is no such direction that sisters family or other co-accused should not be arrested. There are no such guidelines or procedure that may restrict arrest under sec-498A. Police can arrest any accused once FIR is registered and securing bail is necessary.
Arun Kumar Bhagat
(Expert) 07 October 2011
It is the discretion of the Police whom to arrest and whom not to but that discretion can be exercised subject to materials collected during investigation.
