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TOI - Amend dowry law to allow compromise

 

‘Amend dowry law to allow compromise’

Dhananjay Mahapatra TNN 


New Delhi: Offences under Section 498A of the IPC, relating to harassment for dowry and cruelty to a woman in her matrimonial home, may become slightly less stringent on husbands and in-laws. After many complaints about its misuse, the Law Commission is set to recommend making the offence compoundable. 
    This means the husband and in-laws of a complainant 

would have the choice of compromising and getting the case off their back, provided the woman agrees. Till the compromise takes place, the offenders would probably stay in jail unless they get bail. 
    After conducting nationwide consultations, the overwhelming response received by the Law Commission, headed by Justice P V Reddy, was for amending Section 498A to make the offence compoundable, which in criminal law means avoidance of prosecution as a result of an amicable settlement. 
More than a lakh cases pending under Section 498A 
New Delhi: After conducting nationwide consultations, the overwhelming response received by the Law Commission, headed by Justice P V Reddy, was for amending Section 498A to make the offence compoundable, which in criminal law means avoidance of prosecution as a result of an amicable settlement. 
    At the same time, the commission feels the offence should remain non-bailable. Though the courts have been allowing compounding of 498A cases, such instances have been few and far between because the judiciary has, in general, taken a strong stand against harassment of women in their matrimonial homes. 

    However, in many cases the courts, especially the Supreme Court, have opined that false cases have been foisted by women angry with their inlaws and in such cases, many relatives of the husband, unconnected to the alleged crime, have been dragged in. 
    The Law Commission, after examining the recent judgments of the Supreme Court and the earlier recommendations of the Malimath Committee, concluded, “If the wife is prepared to condone the illtreatment and harassment meted out to her either by reason of change of attitude or repentance on the part of the husband or reparation for the injury caused to her, the law should not stand in the way of terminating the criminal proceedings.” 
    In the course of the study, the commission found that there were as many as 1,33,759 cases under 498A pending in trial courts with 3,60,482 ac
cused. Among them, 49,403 were in judicial custody and 2,19,358 were granted bail. In the last three years, 15,818 cases were compounded and 16,038 were convicted.


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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 June 2011

All most 498A cases are false cases,.  Wives are filing the false cases to  avoide their mistakes, and to grab the money if the husband is rich  and earning hansome salary and shifting it on husband and his  family members.  99% 498A cases are false.  It is a legal terriorism.  Some cases may be true.

I am dealing presently two cases in 498A, One is because of intolerable cruelty given by the wife , her  father in law committed a sucicide by writing a death note mentioning her name.  To aovid and bend her husband she filed a crirminal cases like 498A, DV ACt , partition suit, Permanent injunction suit, Suit for Damages, etc.,

Another case wife before marriae had contacts with 3 boy friends, which continued after the marraige with my client, when this fact came to know my client, he excused her, inspite of it she continued her aactivities, again when this fact brought to the notice of the elders, her parents having knowledge of her activitinges filed 498A case against 13 members ( all are husband's family members residing in different cities) and other cases.

In my opinion 498A should be bailable, otherwise it is harassment to the husbands.  And in my opinion it should be sent to the mediatition center compulsorily.

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