Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Radhika (Manager)     06 September 2010

False 498a....extortion racket

Hi...

 

Would like to get votes from all the members of this forum on the following:

 

1. Can a 498a be lodged against a friend of a husband????

 

I have been falsely implicated in the same and would like to know wat i should be doing to come out of it...

A women implicating another women falsely out of her sheer dominant nature and to fulfill her malafide intention going to the extent of defaming that person..how is it justified....why is the police not even investigating before lodging such false and frivolous complaints...is it so easy for any person to go and lodge complaints aginst anybody....

 

Kindly post ur comments on the same and let me know how can dat lady be taught a lesson for her lifetime.

 

Radhika

 

 

 

 

 



 13 Replies


(Guest)

https://www.498a.org/contents/judgements/Delhi_HC_JD_Kapoor_Judgement.pdf
"31.There is growing tendency to come out with inflated and exaggerated allegations roping in each and every relation of the husband and if one of them happens to be of higher status or of vulnerable standing,he or she becomes an easy prey for better bargaining and blackmailing.
32.These ground realities persuaded this court to recommend to the authorities and law makers to have a review of the situation and legal provision.
33.Copy of the order be sent to Law Secretary,Union of India.
May 19,2003J.D. Kapoor
ssb JUDGE"


(Guest)

2005 AIR 3100, 2005(1 )Suppl.SCR730 , 2005(6 )SCC281 , 2005(5 )SCALE523 , 2005(6 )JT266
The object of the provision is prevention of the dowry meance. But as has
been rightly contended by the petitioner many instances have come to light
where the complaints are not bonafide and have filed with obligue motive.
In such cases acquittal of the accused does not in all cases wipe out the
ignomy suffered during and prior to trial. Sometimes adverse media coverage
adds to the misery. The question, therefore, is what remedial measures can
be taken to prevent abuse of the well-intentioned provision. Merely because
the provision is constitutional and intra vires, does not give a licence to
unscrupulous persons to wreck personal vendetta or unleash harassment. It
may, therefore, become necessary for the legislature to find out ways how
the makers of frivolous complaints or allegations can be appropriately

Till then the Courts have to take care of the situation within
the existing frame work. As noted the object is to strike at the roots of
dowry menace. But by misuse of the provision a new legal terrorism can be
unleashed. The provision is intended to be used a shield and not assassins'
weapon. If cry of "wolf" is made too often as a prank assistance and
protection may not be available when the actual "wolf" appears.


(Guest)

"34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases. 35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not 22 be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law & Justice to take appropriate steps in the larger interest of the society. " SC on 13/08/2010


(Guest)

Who cares?

Sushil Kumar Bhatia (Advocate)     06 September 2010

This family breaking law should be ammend/reform as earlies Parliament think about this !!

2 Like

(Guest)

@Sushil Kumar Bhatia

 

The court recommendations I have quoted are of 2003(Delhi HC),2005(SC) and 2010(SC) respectively.

So far, there is no favourable reaction from the government. So I have posted-Who cares?

1 Like

Sushil Kumar Bhatia (Advocate)     06 September 2010

Yes I agree Mr. Yogeshwar who care about the directions of SC the MPs we have sent to parliament only to pass their salary enhance bills !! to disrupt the parliament affairs!!!

Sreenivas V (S/W)     07 September 2010

Hi

As said above I totally agree 498A is an extortion racket. Especially if the boy is in Software or any other Good JOB then they are very easy pray for this racket. It is easy money for them to cash on with this 498A. Right from who lodges false 498A, police, bad lawyers, bad judges are all involved in this racket. As every one wants a share of money from this this settlement amount also going very large now a days.

When some people goes for pros... for money as there is no other go, we treat them bad and gave the name pro.... For some who steals money we gave the name as thief. In these cases they are in very in need of money for some reason or other as they involved in these activities but we still treat them bad.

But in this case govt is paying salary to police, judges and still they are involved in these types of very bad activities then what will be the best name to call these people.

Can anyone suggest a name to call these types of idiots.


(Guest)

@Sushil Kumar Bhatia @Sreenivas VI am Online

Being depressed or being angry just do not help. Visions must be there to overcome the malaise.

 

Radhika (Manager)     07 September 2010

Can u knidly let me know whether a friend can be implicated in the same as per the law


(Guest)

As I read the language of s.498A IPC,the answer is NO but I know  cases where friends are also FIRed.Once FIRed the only altertanative remedy is s.482.cr.p.c

498avictim (analyst)     07 September 2010

Radhika,

 

You might need to review the complaint verycarefully ,if the allegations has enough ingradients to make a case out of it  the FIR can be filed.


Join the forum www.498a.org and know more about this unethical law.

pm me at pr.victim498a@gmail.com if u need more info.

Radhika (Manager)     08 September 2010

in the complaint the complainaint says that she has been mentally tortured for dowry that too after seventeen years of marriage she is putting this allegation and about me but natural illicit realtionship with her husband who is the main accused...there are only two ppl against whom the FIR is been lodged..thats me and my friend...we have beeen implicated in 498a, 506,504 and 34....on me she has put an allegation that i used to frequently visit the house hit her abuse her and ask her to vacate the house...now the girls side wants to do a settlement and have sent a notice to my friend on the same...again in the notice they have threatened him a lot on various IPC sections dat they ll pout aginst him and also that they ll create rucus at his work place...go to media and bla bla bla....and finally they say that if he agrees to do a settlement on their terms and conditions they would even withdraw the case.......its all about money and dominance...what should my frind be doing in this case...should he seek a divorce and how long does it tk to file for divorce ....what should i be doing .....cna i go ahead with quashing and how long does it tk for quashing...can u guys also suggest me how strong or weak is this case.....


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query