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(Guest)

498A Chargesheet

A 498A case was filed by my wife against me and the chargesheet has not yet been filed yet. My parents and sisters have also been charged in the case. I met the Investigating officer and during discussion he has asked me to submit a affidavit from my sister stating that she is not involved in the case as she is living seperately and has her own job and work so has nothing to do with the Dowry charge. I need to know can my sisters name be removed by investigating officer from the case and if yes how....since she is also charged in the case will her name be removed in the court or it can be removed by IO from the chargesheet itself. Need your advise.


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 7 Replies

Prakash Yedhula (Lawyer)     18 August 2010

If the investigating officer finds no incriminating evidence against your sister in the offence, he can very well drop her in the proceedings while filing the charge sheet. This can be done though your sister was cited as an accused in the complaint/FIR


(Guest)

Yes, right advise and I agree to Sh. Y. Prakash

V.T.Venkataram (Advocate and Consumer Activist)     18 August 2010

 

https://timesofindia.indiatimes.com/india/Amend-dowry-law-to-stop-its-misuse-SC-tells-govt/articleshow/6321987.cms

 

NEW DELHI: The Supreme Court has plainly told the government to take a relook at the anti-dowry law -- Section 498A of Indian Penal Code -- saying it has been misused by women to lodge false or exaggerated complaints against husbands and their relatives accusing them of cruel behaviour. 

Such is the level of exaggeration of cruel behaviour on the part of husbands and their relatives that "to find out the truth is a Herculean task in a majority of these complaints", said a bench comprising Justices Dalveer Bhandari and K S Radhakrishnan. 

Expressing concern at the rise in number of complaints under Section 498A, the Bench said, "We come across a large number of such complaints which are not even bona fide and are filed with oblique motives." 

Advising extreme caution in dealing with such complaints, the bench said courts must take pragmatic realities into consideration while dealing with matrimonial cases. 

It was high time that the legislature considered and made suitable changes in the law taking into account public opinion, the apex court said, sending a copy of the judgment to the Union law minister to initiate the process. 

"At times, even after conclusion of criminal trial, it is difficult to ascertain the truth," it said and gave examples of cases where the woman in her complaint had roped in the husband's relatives, who lived in different cities and rarely visited them, of cruel behaviour towards her. 

Such accusations invariably led to the husband and his relatives remaining in jail for a few days, breeding rancour, acrimony and bitterness and ruining all chances of an amicable settlement, said Justice Bhandari, writing the judgment for the bench. 

The significance of the court's directive goes beyond what happens to Section 498A. It marks a conceptual shift, a turn away from the culture where women were seen only as victims who were incapable of levelling false allegations. The conception of women as the silent suffering sort who could do no wrong has influenced the administration of justice in both open and subtle ways. The assumption of women's innocence is apparent in laws devised to deal with rape and other crimes against women where the presumption of innocence is not available to the accused. 

Section 498A and other laws were meant to level the field which has traditionally been tilted in favour of men, and were meant to help women get their due. But with instances of their misuse rising, the apex court has been impelled to draw the government's attention to revisit the issue. 

"It is also a matter of common knowledge that exaggerated versions of incidents are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases," he said. 

"Criminal trials lead to immense suffering for all concerned. Even ultimate acquittal in the trial may not be able to wipe out the deep scars of ignominy," the bench said.

Shailendra prasad singh (Lawyer)     18 August 2010

Yes right advise, but magistrate is not bound to accept police report if the informant of ur case previously filed a protest petition against police the magistrate upon his Discretion  take cognizance against all accused or convert ur case in complaint case on the application  of informant of ur case


(Guest)

Mithilesh,

 

Do not worry. Ask your sister to file the affidavit as advised by the IO. He has got the powers to remove others name from the chargesheet even after the FIR is filed.

Harsh (Manager)     12 January 2013

Hello
I read in another posting that asking IO to delete names from chargesheet may be useless as they can be added during trial. if there are no incriminating evidence (notjust against one but  ALL),is it wise to pay and get the name deleted. how much is reasonable to delete a name?

IO wont do it without money (if he was honest, hewould automatically delete all names except A1)

Harsh (Manager)     12 January 2013

I must also add that inthis case, A2 was living with the wife for few days (notlike married and living 1000 km away).So technically no incriminating evidence is a must (and so is the case).

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