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megh dute (TSI)     09 August 2014

Aquittal judgement on 498a

Respected members

I am fighting against false 498A case and trial is complete, now i am waiting for argument, in this situation i need some aquital judgement on 498A case. It will help me a lot.

Regards



Learning

 4 Replies

shailendra patadia (director)     11 August 2014

"FIR with Vague & General Allegations of Harassment cannot be continued" : Gujarat High Court

While adjudicating CRIMINAL MISC.APPLICATION No. 1088 of 2011, lodged by the aggrieved petitioner accused husband and his parents and family members of a dowry case u/s 498A, 323, 504 and 506(2) of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, Hon. Justice Mr. M.R. Shah of Gujarat High Court, recently made a landmark precedent setting observation, considering the averments and allegations made in the Complaint against the applicant husband and his relatives that " There are vague and general allegations against the applicants accused for harassment. It is required to be noted that applicants nos. 1 and 2 are the father-in-law and the mother-in-law and applicants nos. 3 and 4 are the brother-in-law and sister-in-law, who are right from the very beginning residing separately.Considering the general and vague allegations in the FIR, prima facie it appears that it cannot be said that the applicants have committed any offence as alleged, though in the year 2008 when she (the wife) left the house of her husband at village Salejada. And there was no reason for her to go to the residence of applicants nos. 1 and 2 for restitution of conjugal rights in the month of April, 2010, which shows the conduct on the part of respondent no. 2-original complainant (the wife) and, therefore, it prima facie appears that as such on the basis of general and vague allegations made in the FIR, the proceedings against the accused applicants for the offence alleged under Sections 498A, 323, 504 and 506(2) of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act cannot be continued and to continue such criminal proceedings against the applicants accused would be harassment to the applicants and it would be abuse of process of law and Court

T. Kalaiselvan, Advocate (Advocate)     12 August 2014

There are lot of judgement reported and have been posted in this forum itself by many members for the benefit of victims like you,you can browse through the old queries on the subject topi or browse indiakanoon.org for citations.

498_final stage (Professional)     27 August 2014

Hi Megh,

 

How many years did that take you to fight 498a? and in which state the case is running?

Sudhir Kumar, Advocate (Advocate)     27 August 2014

finding judgement precedent without giving full facts?


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