Monday, 22 October 2012

Hindu News:Supreme Court- Casual, wholesale reference to in-laws won’t justify dowry case!

Hindu News:Supreme Court- Casual, wholesale reference to in-laws won’t justify dowry case

There is tendency to involve entire household in matrimonial disputes, says Bench.

Taking note of the increasing dowry-related complaints, the Supreme Court has held that a casual reference to the names of family members of the husband in the FIR filed by the wife without any allegation of their active involvement in the offence will not justify a case against them.
There is a tendency to involve the entire household in a matrimonial dispute, especially if it happens soon after the wedding. This has been borne out of experience, said a Bench of Justices T.S. Thakur and Gyan Sudha Misra.

Writing the judgment, Justice Misra said: “If the FIR as it stands does not disclose the specific allegation against the accused, more so against the co-accused, specially in a matter arising out of matrimonial bickering, it would be clear abuse of the legal and judicial process to mechanically send the accused named in the FIR to undergo trial.” Only if the FIR disclosed specific allegations would the court be persuaded “to take cognisance of the offence alleged against the relatives of the main accused who are prima facie not found to have indulged in physical and mental torture of the complainant-wife.” 

The Bench said: “It is a well-settled principle laid down in cases too numerous to mention that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings, [thus] preventing the abuse of the process of law. Simultaneously, the courts are expected to adopt a cautious approach in matters of quashing specially in cases of matrimonial dispute whether the FIR in fact discloses commission of an offence by the relatives of the principal accused or the FIR prima facie discloses a case of over-implication by involving the entire family at the instance of the complainant, who is out to settle scores arising out of the teething problem or skirmish of domestic bickering while settling down in her new matrimonial surrounding.” 

However, the court clarified, “We deem it appropriate to add by way of caution that we may not be misunderstood so as to infer that even if there are allegations of an overt act indicating the complicity of the members of the family named in the FIR in a given case, cognisance would be unjustified.”
In the instant case, Shipra Mehrotra of Allahabad was married to Shyamji Mehrotra of Faridabad in Haryana in 2003. After few months, Shipra filed a complaint under the Dowry Prohibition Act and the Indian Penal Code against her husband, parents-in-law, sister-in-law Geeta Mehrotra and brother-in-law Ramji Mehrotra. Even as these proceedings were pending in an Allahabad trial court, Shipra got an ex parte decree for divorce. 

Appellants Geeta and Ramji moved the Allahabad High Court for quashing the case against them contending that the trial court had no jurisdiction to entertain the complaint as the alleged dowry harassment happened in Faridabad. The High Court refused to quash the complaint in so far as the present appellants were concerned. 

High Court order quashed:
Allowing the appeal against this order, the Supreme Court said there was only a general allegation that Geeta and Ramji were also involved in physical and mental torture of the complainant without mention of even a single incident against them. Also, how they could be motivated to demand dowry when they were only related as brother and sister of the complainant’s husband? The Bench set aside the criminal proceedings against the two appellants and “consequently the order passed by the High Court shall stand overruled.” 

Unable to understand what restrict Supreme Court of India to start punish such abuser of LAW , when Government is sleeping and promoting the injustice to innocent. Only quashing FIR is sufficient to stop such abuse of LAW?
Just read another news where Supreme court fined Rs.10 lacks for making false and Fabriacted Rape case against Mr. Rahull Gandhi , but why the same rule do not apply for common people who faced false and fabricated dowry cases?
"In a landmark judgement today, a two-judge bench of the Supreme Court of India dismissed with heavy cause a false, frivolous and politically motivated petition against Rahul Gandhi. The court found that the petitioner's had abused the process of the court in order to wrongly and deliberately malign and damage the public image and reputation of Gandhi. 16 reasons for abuse of court by the petitioners had been cited by the Supreme Court, including putting forth falsehoods, misstatement of the facts and even filing incorrect affidavits before the Supreme Court," said General Secretary Janardhan Dwivedi.

"Heavy cost of Rs. ten lakh have been imposed against the petitioners by the Supreme Court. There was no illegal detention or rape by Gandhi and the allegations are false, entirely without substance and without an iota of evidence. A CBI investigation into the conspiracy hatched against Gandhi and a CBI investigation against the petitioners is to continue and the CBI is to report to the court within six months, including on the contradictory stand taken by the petitioner Kishore Samrite before the Supreme Court," he added.
The Supreme Court earlier today dismissed a case against Rahul Gandhi, saying 'the allegation is without substance and without an iota of evidence'.

Congress welcomes SC order to dismiss alleged case of rape against Rahul GandhiN 

New Delhi, Thu, 18 Oct 2012 ANI

In spite of Supreme Court term the same as "Legal Terrorism" government is Sleeping. The word "relative" in 498A is the most abused provision and the same should be immediately scraped.

In the Judgment though Supreme court had Quashed the FIR, but no where they had mentioned any Punishment for those who file such false/fabricated FIR. It is the time Supreme court must start punish such people for making False and Fabricated FIR to give a messages that "Legal Terrorism" also a crime in this country, as government forget about to propose any punishment, they have not ready to even give a small provision of warning to such people, result more and more false/fabricated FIR getting registered every day in and out.

Request all to wake up and meet your MP/MLA/Minister and demand :

1. The word "relative" should be removed immediately as right and responsibility of resolve any marriage disputes lies to husbands and wife.
2. The IPC 498A should be made gender neutral, as more than 62000 married men also ending their life due to harassment by their wife( refer the crime Bure report) and wife family due to continuous mental harassment, demand of money/property from husbands family. The word Husband/wife to be replaced by the word "Spouse".
3. The marriage related LAW should be made bailable offense, like all over world have and to be resolved in civil law only. If there is any crime done the same is already covered in IPC by Domestic violence law, attempt to murder law, hurt to injury law, extortion and blackmailing law along with dowry provision act DP3/4.
4.  Such law not only duplication of law , but abuse of natural Justice system of India.Where the wife and their family can get whole sale free license to abuse the husbands family and do the extortion of money/property in the name of marriage. Why the same should not be termed as crime?
5. By default punishment to misuser should be must when court find the FIR had been registered to hide their own crime or to gain any favor like money/property from other party.

Join SIF Team to Stop this legal terrorism of India and demand to replace the word Husband/wife to Spouse to all marriage related LAW or policy like all over world follow instead of making assumption that all wives born in Raja Harish Chandra family ( never lie) and all husbands born in Criminal family.

No comments: