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Another 498A IPC misuse Judgement – HON’BLE SRI JUSTICE P. SWAROOP REDDY

Judgement:

THE HON’BLE SRI JUSTICE P. SWAROOP REDDY Criminal
Petition No. 6642 of 2007

22-11-2007

Kamireddy Mangamma and others
State of AP represented by the Public Prosecutor
Counsel for the Petitioner: Sri D. Bhaskar Reddy, Advocate
Counsel for Respondent No.1: The Public Prosecutor

:Order:

This petition for granting anticipatory bail is filed by A-3 to A-7 in Cr.No. 251 of 2007 of P.S., Narsaraopet Town, Guntur District.

2. A-3 is the mother; A-4 is the elder sister; A-5 is the brother-in-law, being the husband of A-4; A-6 is the younger sister and A-7 is the brother-in- law, being the husband of A-6, of A-1,
the husband of the de facto complainant.

3. According to the complainant at the time of marriage twelve cents of plot worth Rs.6.00 Lakhs; cash of Rs.3.00 Lakhs; gold ornaments of Rs.1.00 Lakh and house hold articles worth Rs.50,000.00 were given to the husband (A-1) at the time of marriage, which was held on 19.5.2006. One month after the marriage, at the instance of A-2 to A-7, A-1 started harassing the complainant. A-3 went to USA some time after the marriage of the complainant and before her leaving for USA, A-3 subjected the
complainant to harassment both, physically and mentally and A-5, who is residing in USA is behind the scene in subjecting the complainant to cruelty. He used to change the minds of all the accused to subject her to harassment for money. From USA he used to speak over telephone, everyday and direct the other accused to harass the complainant, as A-5 bore grudge against the complainant. At the instance of A-5 all the accused abused and beat her several times for no fault of her. A-1 became a puppet in the hands of other accused and finally on 30.9.2006 A-1 necked her out from the matrimonial house.

4. Thus most of the allegations in the complaint are vague and petitioner Nos. 2 to 5 are married sisters and their husbands, who are admittedly living elsewhere and out of them, A-5 is living in USA. It is very difficult to believe that from USA A-5 every day used to telephone and instigate the other accused to harass the complainant. As per the complaint, A-5 has grudge against the complaint, but it is not stated as to why A-5 should have grudge against the complainant.

5. The contention of the learned counsel for the petitioners is that A-1, husband of the complainant filed a petition for divorce and a copy of the same is enclosed with this petition. As per the divorce petition, the complainant, herself, has been harassing the petitioners/ accused.

6. The nature of allegations referred to in the complaint, particularly against the present petitioners, particularly against petitioner Nos. 2 to 5, the married daughters and their husbands, would show that in all probability, the allegations are false and exaggerated. It is very difficult to believe that the third petitioner used to harass the complainant, all the way from USA by instigating the other accused, particularly when no reasons are shown for him to have any grievance against the complainant. The
reference to A-5 in the complaint, might be A-3 and, in fact, even that also would not make any difference.

7. In these circumstances, I hold that it is a fit case for granting anticipatory bail to the petitioners. Accordingly the petition is allowed. All the petitioners, who are A-3 to A-7 in Cr.No. 251 of 2007 of P.S., Narsaraopet Town, on their surrender before the Station House Officer of the said police station, within
ten days from today, shall be enlarged on bail, on each of them executing a personal bond for a sum of Rs.10,000-00 with two sureties for the like sum each to the satisfaction of the Station House Officer of P.S., Narsaraopet Town, Guntur District. The petitioners shall abide by the conditions laid down in Section 438 Cr.P.C.
 

8. Before parting with the petition, I feel it desirable to observe that there is rampant misuse of S.498-A IPC. False complaints are given against kith-and-kin of the husband, including the married sisters and their husbands;unmarried sisters and brothers and married brothers and their wives. There are instances
where even young children, aged below ten years, were also implicated in the offences of this nature. My experience, while sitting in matrimonial Bench revealed that several families are ruined; marriages have been irretrievably broken down and chances of reconciliation of spouses have been spoiled on account of
unnecessary complaints and the consequent arrest and remand of the husbands and their kith-and-kin. To discourage this unhealthy practice, it is desirable that anticipatory bail is granted very liberally in all cases of S.498-A IPC, particularly when the petitioner/accused is not the husband of the complainant and when the allegations are not very specific and prima facie do not inspire confidence.

9. Section 498-A IPC is incorporated by the Legislature basically in the interest of women and to safe guard them from harassment. But, it has become somewhat counter productive. In several cases, women are harassed, arrested and humiliated on the complaints given under section 498-A IPC. The truth or otherwise of the allegations is subject to proof. For giving complaint absolutely no authentic and prima facie material like medical evidence is required, but on such complaints, in several cases, number of women are being arrested. In cases of arrest of married young women, they might face problems from their husbands and in-laws; in case unmarried women are arrested their marriage prospects would be badly affected and if government servants are arrested their service prospects are affected. In the present case, only one woman is the alleged victim; but at least four women might have to go to jail even before trial, effecting their reputation, subjecting them to rude treatment at Police Station etc.

10. Only in cases where, strong and authentic evidence like letters written by the accused-husband to the spouses or their parents etc., are available and where there is sufferance of serious injuries or death of the victim only, perhaps, it is desirable to refuse anticipatory bail, that, too, for the accused-husband.
Another important aspect is in this type of cases; there is no chance of witnesses turning hostile or being influenced by the accused, as the witnesses would invariably be the kith-and-kin of the alleged victim like herself and her parents etc. These aspects have to be kept in view, while dealing with the cases of
anticipatory bail/bail in cases of offences involving section 498-A  IPC.

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Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – COP

27th July 2010

Bangalore

To,

The Commissioner of Police,

1, Infantry Police, Bangalore – 560001

Subject: Request for COP-Bangalore-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to issue a similar Circular for the Bangalore Police. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – DGP

27th July 2010

Bangalore

To,

The Director General of Police,
Government of Karnataka, State police H.Q,
O/o D.G.P. no.2, Nrupathunga road, Bangalore, Karnataka

Subject: Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to issue a similar Circular for the State Police of Karnataka. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – DCP-CENTRAL

27th July 2010

Bangalore

To,

The Deputy Commissioner of Police – Central Division,

Central Division Deputy Commissioner of Police Office,

#7, Next To Cubbon Park Police Station,Kasturba Road,

Bangalore-560001

Subject: Request for DCP-Circular/MEMO on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to issue a similar Circular/MEMO for the Halasoor Gate Women Police and other police stations in your division who deal with 498a IPC. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – DCP-SOUTH

27th July 2010

Bangalore

To,

The Deputy Commissioner of Police – South Division,

South Division Deputy Commissioner of Police Office,

South End Circle, Basavanagudi, Bangalore-04

Subject: Request for DCP-Circular/MEMO on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to issue a similar Circular/MEMO for the Basavanagudi Women Police and other police stations in your division who deal with 498a IPC. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: Police

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – Chief Secretary Home – KA

27th July 2010

Bangalore

To,

Shri S.V. Ranganath,
Chief Secretary to Government of Karnataka
Room No.320, III Floor, Vidhana Soudha
Bangalore-560 001

Subject: Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to direct DGP-Karnataka to issue a similar Circular for the State Police of Karnataka. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: IAS

Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular – Principal Secretary – KA

27th July 2010

Bangalore

To,

Shri Shivakumar K M ,
Principal Secretary to Government
Home Department, Room No.222, II Floor
Vidhana Soudha, Bangalore-560 001

Subject: Request for DGP-Karnataka-Circular on the line of DGP-TamilNadu-Circular based upon the orders of Honorable Justice Regupathi of Chennai High Court

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

The heavy misuse of 498A IPC by estranged wives in case of matrimonial dispute is increasing day by day. This fact is acknowledged by various High Courts and Honorable Supreme Court. In almost every session of parliament, honorable members of the parliaments are asking questions to the Government regarding heavy misuse of Dowry Laws and measures taken by Government to curb its misuse. Every other day newspapers carry news articles about heavy misuse of Dowry related laws and protest done by husbands and his family members who have to undergo humiliation, harassment and torture due to these “Women Centric” laws. There are also scores of news articles where the husbands and his family members have committed suicide as they were unable to cope up the pressure of false criminal cases.

Our police who are trained to deal with criminals are insensitive and incapable to deal with a complaint of the matrimonial dispute. Our NGO receives large number of cases of harassed husbands who have to go through the agony and harassment in the police stations which are acting as “settlement centers” to extract huge amount of money from husbands to settle the dispute which are of matrimonial in nature. Use of physical force and abusive language against husbands and his family members inside the police stations is norm of the day.

Honorable Justice Regupathi of the Chennai High Court issued the following observation in M.P. No.1/2008 in Criminal Original Petition No.10896/2008 filed by Tr.Romaiah. In compliance of the observation made in the above said order, DGP-Tamil Nadu has issued a Circular Memorandum for the State Police of Tamil Nadu. The said order of the Honorable Justice Regupathi alongwith the Circular Memorandum of DGP-Tamil Nadu is attached herewith as Annexure.

We, National Family Harmony Society®, request your office to direct DGP-Karnataka to issue a similar Circular for the State Police of Karnataka. If such a circular is issued and implemented in true spirit then it will go a long way to curb the heavy misuse of the 498A IPC.

We are available at any time of your convenience to have discussion with you on this subject matter.

P Suresh, President,

9880141531         

National Family Harmony Society

Categories: IAS