Delhi H C grants relief to husbands and other family members in 498A cases

the decision will help many culprits escape the prosecutions.can you tell me the name of the case.

Yes. It is good relief for family members. Pl. reveal us the case name.

Dear Mr.Kotresh,

This decision would help the society at large because it would not lead to destruction of marital life of the spouses.  Once, the parents of the husband and his sisters and brothers-in-law are arrested and remanded to jducial custody without any property enquiry, no husband wants to lead marital life with his wife, who will lodge the complaint for any reason either for the lapses on the part of the husband or his other family members.   In view of the above judgment, there is every possibility of union of the family.  I am in need of the decision as I have to refer the same before the A.P.High Court, seeking anticipatory bail for the family members of the husband.  Please furnishment me the judgment by e-mail to my mail I.D.,   venkateshgupta_kande@yahoo.co.in

Thanks in advance,

VENKATESH GUPTA

its a great relief to a majority of ppl.

Every day SC and state HCs are giving these suggestions for false 498a cases.

Recent directions from Delhi HC, and Tamilnadu HC.

Dowry Prohibition Officers to File Report - Madras HC: https://www.hindu.com/2008/08/06/stories ... 200800.htm

498a Misuse arrested by Chennai High Court https://www.hindu.com/2008/07/08/stories/2008070857620200.htm

Husband challenges Domestic Violence Act https://news.in.msn.com

Husband and Relatives Cannot be Arrested ...https://www.lightinlife.com/index.php?op ... Itemid=107 

Court condemns misuse of dowry laws, acquits accused:timesofindia.indiatimes.com/Cities/Court_condemns_misuse_of_dowry_laws_acquits_accused/articleshow/334462.cms



Delhi High Court rap on dowry law misuse:https://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=0391d4b7-d407-4c13-8a93-2241a6f45a72&MatchID1=4728&TeamID1=2&TeamID2=3&MatchType1=1&SeriesID1=1191&PrimaryID=4728&Headline=High+Court+rap+on+dowry+law+misuse&strParent=strParentID

 

How strictly these are followed by local police stations? Still these  court suggestions are look like a piece of entertainment  news in the daily news papaers.

Still everyday harassments are continued by ignoring the courts' directsions. 

Woman cop held taking bribe in 498a case Publication:Times Of India Chennai; Date:Jul 2, 2008; Section:Times City; Page Number:7

Woman complains of dowry harassment by cop's family https://timesofindia.indiatimes.com/Cities/Woman_complains_of_dowry_harassment_by_cops_family/articleshow/3344251.cms

IAS officer, IIM graduate accused of dowry violence

https://www.mumbaimirror.com/net/mmpaper ... 0937f33cc1

Woman complains of dowry harassment by cop's family:https://timesofindia.indiatimes.com/Chennai/Woman_complains_of_dowry_harassment_by_cops_family/articleshow/3344251.cms

 

Who will savethe  innocent people from the injustice? As recently said by SC "Even GOD is helpless" https://timesofindia.indiatimes.com

Recent Madras HC order.   Who will follow? Let's watch this !

First petition:

https://www.hindu.com/2008/07/08/stories/2008070857620200.htm



The order:

https://www.hindu.com/2008/08/13/stories/2008081359520400.htm



Inhuman Attitude Of Policewomen Closing Doors On Reconciliation:

Judge

A Subramani | TNN

Chennai: "Marriages are made in heaven, but many marital ties are

broken in All Women Police Stations (AWPS)... The Dowry Prohibition

Act is the most misused enactment...These police stations in the

state have almost become power centres where the women police

officers, while dealing with delicate issues of family disputes

between husband and wife, instead of making efforts for reunion or

conciliation, focus to complicate and precipitate the issue so that

ultimately they could derive the gain and benefit."

This is what a single judge of the Madras High Court had to

comment on the functioning of All Woman Police Stations, manned

entirely by women.

Justice R Regupathi, making 11 suggestions (see box) for

streamlining work culture in these stations, also observed that

because of their "inhuman attitude" doors of conciliation are shut

forever.

Justice Regupathi also stated that in order to retain jurisdiction

over the case, these women personnel would include allegations

attracting the provisions of the Indian Penal Code (IPC) "with

ulterior motive." He said aged parents, unmarried sisters and even

children were ruthlessly harassed by the AWPS personnel who arrested

these people with ulterior motive. "Arrests are invariably plotted at

the weekends, particularly on Fridays, so that they cannot even apply

for bail for the next two days," he said.

The judge was making these observations on a criminal original

petition filed by a person who was brutally assaulted by women police

personnel at Chintadripet police station here.Justice Regupathi also

cautioned that unnecessary arrests, where all the family members are

dragged to police stations and subjected to "ignominy and disgrace,"

would defeat the very purpose of the Dowry Prohibition

Act, "rendering re-union a mirage." He said police were expected to

handle family disputes with "utmost tenderness, care and caution."

In his 11-point charter of suggestions, the judge said station

house officers of AWPS should register first information reports

(FIRs) only after approval from duly appointed dowry prohibition

officers, except in cases of dowry death/suicide. In matrimonial

disputes, arrest of the aged, infirm, sick or minors should be

avoided.

If any arrest was considered necessary for investigation, written

sanction must be obtained from the Superintendent of Police. The

judge said chargesheet must be filed within 30 days from the date of

registration of FIR and further extension of time could be obtained

from the competent magistrate by indicating the reasons.

No weapon, including lathis orphysical force, should be used while

dealing with such cases, Justice Regupathi said, adding that sridhana

properties/movables or immovable assets must be restored at the

earliest to the victim/complainant. "A different uniform, other than

the regular one, may be recommended for these police officers," the

judge suggested. If necessary, victims/complainants should be

provided with adequate security/accommodation at government home and

the interests of the children too should be taken care of, he said.

Police department should arrange education programmes for these

police officers through the Police Training College to teach the

objects of the legislation, judicial pronouncements and development

of the law, Justice Regupathi stipulated. He then directed the

Director-General of Police to issue suitable orders to the officers

of the All Women Police Stations in view of the latest order, and

file a compliance report before the court within a month. He then

adjourned the matter to August 4, for further proceedings.



11 COMMANDMENTS FOR THE POLICE

Register FIR after approval from dowry prohibition officers

Make arrests only after sanction from SP

Avoid arrest of aged, sick and minors

Social workers must be present in AWPS

No weapon or physical force in AWPS

A different uniform for AWPS personnel

File chargesheet in 30 days Send victims to govt home, if necessary

Restore sridhana property to the victim

Education programme for AWPS personnel

Make arrests even after chargesheet in case of noncoop



THE ORDER:



"Sufficient grounds must exist to remand an accused"

Special Correspondent



CHENNAI: Remand of an accused should not be ordered mechanically,

for remand by a magistrate is not an automatic one on the mere

request of the investigating officer. Sufficient grounds must exist

for the magistrate to exercise the power of remand, the Madras High

Court has said. Passing further orders on a petition seeking to

modify a bail order, Justice R.Regupathi said requisition for remand

by the police should be accompanied by the case diary, whereupon the

magistrate should satisfy himself as to the adequacy and genuineness

of the grounds necessitating judicial custody. While passing orders

of remand or extension of remand, the magistrate should be alert to

see that the liberty of the citizen was not violated by the police

due to arbitrary exercise of power. Though a detailed speaking order

was not required for remand, application of judicial mind was

absolutely necessary.



Mr.Justice Regupathi said the object behind enactment of section 498-

A IPC and the Dowry Prohibition Act was to curb the dowry

menace. "Our experience shows that, apart from the husband, all

family members are implicated and dragged to the police stations."

Though arrest of those persons was not at all necessary, in several

cases, such harassment was made simply to satisfy the complainant's

ego and anger. By suitably dealing with such matters, the injury to

innocents could be avoided to a considerable extent by magistrates;

but if the magistrates themselves acceded to the bare request of

police without examining the actual state of affairs, it would

create negative effects. The husband and his family members may have

differences of opinion in the dispute, for which arrest and judicial

remand were not the answers.



The government advocate (criminal side) submitted that the Judge's

earlier observation while passing orders on the petition had been

circulated to all Commissioners and Superintendents of Police.

Mr.Justice Regupathi, among other observations, had said that except

in cases of dowry death/suicide and offences of serious nature, the

SHOs of All Women Police Stations were to register FIR only on

approval of the Dowry Prohibition Officers concerned; arrest in

matrimonial disputes, in particular arrest of aged, infirm and sick

persons should not be made by the SHOs of AWPOs and if arrest was

necessary during investigation, sanction should be obtained from the

Superintendent of Police.



Romaiah (24) of Pudupet who was released on bail by the High Court

in a dowry case had filed a petition alleging that he was beaten up

by police when he went to the station to comply with the bail order.

He prayed the court permit him to continue to report before the XIV

MM Court, Egmore.