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498_final stage (Professional)     27 October 2012

Courts should be cautious in implicating family members' in dowry case

Interesting article - Courts ‘should be cautious in implicating family members’ in dowry case said Supreme court today.

https://www.omantribune.com/index.php?page=news&id=130468&heading=India

Me and wife were living separately from last 4 months in Gurgaon. My wife has involved my elder sister (who is married from last 13 yeras) my mother and father (who are living in their house seprately from us) in their complaint. 

Now after this ruling - do we need to apply for my sister, mother and father's bail as well?

Kindly advice



Learning

 9 Replies

surjit singh (Assistant)     27 October 2012

This judgment is a blessing for the victims of 498A, if you have not taken bail earlier go for it. But in this judgemnet the court have also instructed the police authorities not to harass the family members when there is no primafacie evidence against them. You can also show  it to the police that your sister have been married 13 years back living at her husband home, and your family members are living seperately, and have no interference in your family life.

1 Like

498_final stage (Professional)     27 October 2012

Thanks a lot for the quick reply Mr Surjit.

Jay........... (jaychry@gmail.com)     27 October 2012

This is a great news. As a 498a victim, this order will help me a lot. 

Sanjeev (Lawyer)     27 October 2012

if the FIR has been registered against your family then you need to seek bail for all who are named in the FIR. This is a general direction by SC to police to be careful in charging people but if already charged then you dont get any respite at this stage.

GopalReddy (Parson)     27 October 2012

...if the FIR as it stands does not disclose specific allegation against accused more so against the co-accused specially in a matter arising out of matrimonial bickering, it would be clear abuse of legal and judicial process to mechanically send the named accused in the FIR to undergo trial," a bench of justices T S Thakur and Gyan Sudha Misra said.

 

https://timesofindia.indiatimes.com/india/Dont-implicate-family-members-in-dowry-case-just-on-FIR-SC/articleshow/16964752.cms Regards, Gopal

anil yadav (ns)     28 October 2012

presantly my not not filed any case or fir against me and my family.in this situation this jugdment help me and my family?

Amit (NA)     29 October 2012

Can any one provide a link to the judgement?

From what I read here and in news papers, if the FIR does not mention allegations against the family members but just names them then it's not sufficient to arrest them. But most of the FIRs will have allegations against family members (going forward). How will it help? Does it also say that the allegations have to investigated before arrests are made?

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     29 October 2012

These are basic details of the JUDGEMENT.

 

 

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO . 1674 OF 2012
(Arising out of SLP (Crl.) No. 10547/2010)
Geeta Mehrotra & Anr. ..Appellants
Versus
State of U.P. & Anr. . Respondents
 
 
27. We, therefore, deem it just and legally
appropriate to quash the proceedings initiated against
the appellants Geeta Mehrotra and Ramji Mehrotra as
the FIR does not disclose any material which could be
held to be constituting any offence against these two
appellants. Merely by making a general allegation that
they were also involved in physical and mental torture
of the complainant-respondent No.2 without
mentioning even a single incident against them as also
the fact as to how they could be motivated to demand
dowry when they are only related as brother and sister
of the complainant’s husband, we are pleased to quash
and set aside the criminal proceedings in so far as
these appellants are concerned and consequently the
order passed by the High Court shall stand overruled.
The appeal accordingly is allowed.
……………………………J
(T.S. Thakur)
……………………………J
(Gyan Sudha Misra)
New Delhi,
October 17, 2012
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2012

This judgment create no new grounds for discharging the accused other than husband. This judgment just re-iterates the fact that unless there are allegations against all the accused they can not be proceeded against.

 

Regards,

 

Shonee Kapoor

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