False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a. These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.
Read- Anticipatory Bail in 498a Cases
What is sec. 498A?
Section 498A of the Indian Penal Code (IPC) deals with the violence done on women after her marriage by her husband or her in-laws or any relative of the husband. It prescribes punishment for 3 years and a fine. It gave a new definition to cruelty.
What is Anticipatory bail?
This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.
Read- 498A Discharge Application Rejected High Court Appeal
FACTS OF THE CASE
The petitioner is unmarried sister in law of the complainant. His brother and the complainant has temperamental differences between them. Petitioner and her family has been implicated in the case and the allegations made are vague. She has been falsely fabricated u/s 498A and she has been granted interim bail by the Sessions Court.
ARGUMENT RAISED
According to the counsel for petitioner, the dispute was between husband and the wife due to their temperamental differences and petitioner has no role no in it and she can’t take any action against the husband due to the short span of marriage. All the allegations are vague and inappropriate. Neither any specific allegations are there against present petitioner regarding dowry harassment or any entrusted dowry articles.
Read- 498a complaint – Lawyersclubindia
Interim bail was granted to the petitioner and was told to join in the investigation which she did so, still the bail was declined on the grounds that she was not co-operative in the investigation. As per the records the complainant was thrown out of the house on 23.5.12 after being assaulted which lead to the termination of her pregnancy and she made the complaint on 24.7.12. And this delay has not been explained satisfactorily. Even as per allegations, the complainant was accompanied by her mother in law to the doctor and even she has also been implicated. The brother of the complainant was present at the time of alleged occurrence but still no objection was raised by him also.
According to the counsel on behalf of respondent, the petitioner has stated herself as a student studying in Panjab University but has the ID card of the Symbiosis institute of pune. She has been misleading the court and misrepresentation before lower court. Since she is not as student, she is not entitled to any anticipatory bail grant. A serious objection has also been raised that she has been manipulative with these two documents are of dame date whereas the statement show that they were never issued to him.
Read- Anticipatory Bail Period Free Legal Advice Online
FINDINGS OF THE COURT:
The petitioner being unmarried sister-in-law of the complaint has hardly any role in entrustment of dowry articles, when other family members are there, including husband, mother in law and father in law of the complaint. Otherwise also, no purpose would be served by sending her behind the bars. Moreover, she undertakes to appear before the Court and to abide by all the terms and conditions to be imposed by the trial Court.
CONCLUSION:
counsel for the petitioner and moreover her custodial interrogation is not required as other accused are there for effecting recovery of dowry articles and she is ready to co- operate with the investigation and to abide by all terms and conditions to be imposed and without commenting anything on the allegations, at this stage, as it is a matter of evidence, but keeping in view the peculiar facts and circumstances of the case, as mentioned above, the present petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the trial Court. In case the petitioner is required for any investigation, she shall appear before the Investigating Officer as and when required.
Read- Quashing of FIR 498A 406 IPC High Court Chandigarh
SUMMARY:
The petitioner is the unmarried younger sister in law of the complainant. She has been accused of s 498A. She has been granted interim bail by sessions court by her bail was declined on the grounds that she has not cooperated with the investigation regarding dowry harassment and entrusted dowry article. As per the argument made by both the counselor it has been concluded that the allegations made were not appropriate and she do not have any role in the dowry harassment. The petition was allowed.
Also Read- ANTICIPATORY BAIL IN 498A 406 IPC CASE CHANDIGARH
Judgement on this topic:
In jugal Kishore v State of Jharkhand similar situation arose where the husband was falsely implicated u/s 498A, 323 and 379 of IPC. After hearing both the sides the judge granted the Anticipatory bail to the petitioner.
In Sujit Kaur Chopra v State and Anr. the petitioner was mother in law and father in law which plead for granting of anticipatory bail. Petition was disposed by granting bail to the petitioner and the direction were given to them regarding compensation and the investigation.
Also Read- Important Judgments – High Court of Punjab and Haryana
For case specific advice please contact criminal lawyers advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur
More on 99888-17966.
