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Dr. Atul [9013898936] (Lawyer, Scholar)     12 April 2017

Vague allegations in 498a

Hi guys. Can anyone please give me case law on quashing of a Complaint under Section 498A and DP 3 and 4 on the ground of vague allegations. The allegations against the accused person is simply that the wife was ill-treated...simply that, ill-treated - there is no word on how she was ill treated, what acts or omissions were such that to mean ill treatment (it's in Hindi and simply repeats for five time that mujhe pidit kia gaya, that's all).

I mean people at least tell lies that food was denied, locked in a room, cowdung was given to eat (lol, yes, I've seen one such Complaint myself, yuch) etc. but there are not even lies in this complaint. I don't know the process but I'm told by the person that he has seen the Court record of the Judicial Magistrate and the order is for the accused to be present in person.

(kindly help; its a personal request, not for a Client or anything ;)



Learning

 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     12 April 2017

Sir, 

 

You can read my blog and take the help from there .... https://kapilchandnaadvocate.wordpress.com/

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Dr. Atul [9013898936] (Lawyer, Scholar)     12 April 2017

Originally posted by : autohide4u
Locked in room and not given food is standard line for every 498a complaint. Woman will be 15 kgs  overweight but still magistrate will consider allegation of one missing meal as prima facie case of severe cruelty which can cause loss of life. Waiting for the day when a judge will write in order, "missing one meal will help the woman to lose excess weight so it cannot be considered cruelty"

 

Hahaha...but you gotta admit, the one with made to eat cowdung was new ... ewww ... cowdung cake with cherry on top 😷😷

Anyways, on a serious note, that is the plight of the accused, that in his case even a standard lie has not been spoken, so truthful is the wife, and yet, so blind the Magistrate. All that is alleged is, she was mistreated by husband and father in law ... nothing on when, how. He's suggesting it's some lawyer-Magistrate chummy chummy thing, but I don't  know because I'm not appearing.

Dr. Atul [9013898936] (Lawyer, Scholar)     14 April 2017

Originally posted by : autohide4u
 As long as one side feels like they have upper hand, they will keep making unreasonable demands.  

 

That is very true. I know both the girl's side just a little bit and I can sense the hostility, but hostility apart, they say 498A will bring the guy to his knees begging for mercy. And, equally, on the guy's side, they say they'll spoil the girl's life for 498A ...damn, a mess. Law school ought to have one qualifying paper on psychology 😓

Dr. Atul [9013898936] (Lawyer, Scholar)     14 April 2017

Originally posted by : autohide4u
Magistrate's in Delhi are notorious for this. They won't dismiss case on such grounds, they will keep the case hanging.

 

From what I understand, Judges don't dismiss it because they are too afraid and they are worried that they'd be labelled as anti-women and thus get bamboo in rear end from High Court 😐 sigh ... as much as you hate S. N. Dhingra, he taught a lesson to these kids

N.K.Assumi (Advocate)     14 April 2017

If magistrate started registering cases of "Ill treated' "was ungratefuul" 'not so Loving' "hurt me" "was unkind' etc, which woman can goes on endlessly, court will be overburdened with such compliants on trival matters or say much ado about nothing.

Bala   15 April 2017

Hello experts My name is vijay and residing in us. My wife filled dv and 498a case against me and on my sr citizen parents . She filed these false cases after 2 years of our seperation and she is with her parents . Currently the dv case is on trial and verge of completion of 3 years . Cross examination has been completed and petetioner did not not submit any evidences . Arguments feom both the parties isnpending. And we defandants submitted many cruitial evidences to the court and were accepted by the court. I have been going through many blogs and learnt that wife cant file dv after 1 year of seperation. But in my case lower accepted dv case unfortunately. My parents are fighting the case for me . Intentionally my wife trying to drag the case by taking "tarik pe tarik" Please advice me wat action my lawyer can take to speed up the process. And also i wanted to know wat are the actions i can take against petetioner if the case gets dismissed by gods grace Appreciate your quick response Regards Vijay

Nitish Banka (lawyer)     21 February 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Image result for 498a quash

 

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in


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