25 cases where courts quashed

498a and ALSO severely critisised

FALSE 498a and perpetrators !!
SUBU SUBRAMANIAM·TUESDAY, 29 DECEMBER 2015·READING TIME: 30 MINUTES

Has your wife filed a false 498a ? Have your parents or sisters been falsely accused ?
You may find something here helps you get out !! At least you will realise you are
NOT alone, you will see that this is a giant industry out there

Foreword :

* History is made not only by victories, it is made up of pain and suffering of innocents,
it’s written with the blood sweat and tears of the honest and harmless.
* False 498a cases, false rape, False DV and similar cases are a dark chapter in the
history of this glorious country
* I think we are all living thru this history, acting important parts in this divine drama.
Some live to win, some laugh it out, some aren’t all that fortunate, but we are all making
history, nevertheless
* As a tribute to the many fighters who have been leading this path, who have lived thru
this history day and night, as a tribute to the mothers and father arrested, to the many
sleepless nights honest souls lay crying, I’m starting a thread to collect all Judgements
where courts have come down upon misuse of 498A, Misuse of DV act, False rapes cases
and the like.
* I hope there are at least 50~60 such cases by various High courts and Supreme court
over the last 15 or so years (many predating the famous Sushil kumar Sharma / Legal
terrorism Judgement)
* Also we are NOT just talking of 498a, we are also talking of false rape and the like
which have become all too common these days
* From a more practical standpoint, this will be ready reckoner of judgements that can be
used by us in our personal cases or used If we were called for a TV or media debate or
even to discuss the depth of the matter with newcomers
* I’m starting with the following classic cases that came handy. Please add your
suggested cases as comments below.
* I plan to keep editing / adding cases here
* Thanks in advance to all those who can add / contribute to this thread.

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Savitri Devi vs Ramesh Chand And Ors.

19 May, 2003
Delhi High Court
JUDGMENT J.D. Kapoor, J.
**********
498A law worse than disease. Make 498a bailable. Don’t rope-in every relative. Delhi
HC in 2003! YES 12 years ago.

….These provisions were though made with good intentions but the implementation has
left a very bad taste and the move has been counter productive. There is a growing
tendency amongst the women which is further perpetuated by their parents and relatives
to rope in each and every relative-including minors and even school going kids nearer or
distant relatives and in some cases against every person of the family of the husband
whether living away or in other town or abroad and married, unmarried sisters, ‘sister-
in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many
as 10 to 15 or even more relatives of the husband. Once a complaint is lodged under
Sections 498A/406 IPC whether there are vague, unspecific or exaggerated allegations
or there is no evidence of any physical or mental harm or injury inflicted upon woman
that is likely to cause grave injury or danger to life, limb or health, it comes as an easy
tool in the hands of Police and agencies like Crime Against Women Cell to hound them
with the threat of arrest making them run here and there and force them to hide at their
friends or relatives houses till they get anticipatory bail as the offence has been made
cognizable and non-bailable. Thousands of such complaints and cases are pending and
are being lodged day in and day out…”
“….27. It is rightly said sometimes the remedies are worse than the perils or disease.
Having seen and experienced the enforcement of these laws for decades, time has come
to take stock and review them as thousands of marriages have been sacrificed at the altar
of this provision. In one metropolis alone, thousands divorce cases arising from the cases
under Section 498A/406 IPC are pending in Courts. There are equal or more number of
marriages which are in limbo. What else is it if not a social catastrophy ?…”

https://vinayak.wordpress.com/2015/06/15/498a-law-worse-than-disease-make-498a-
bailable-dont-rope-in-every-relative-delhi-hc-in-2003-yes-12-years-ago/

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Saritha vs R. Ramachandra
9 July, 2002
Andhra High Court
ORDER B.S.A. Swamy, J.
**********
Wife refuses to live with husband in spite of husband & Hon. Court taking every effort to
save the marriage. Court even request the couple to stay at a resort for a week, wife
returns from the stay, says enjoyed her time, but still wants divorce. Then wife files a
false 498a which the court openly condemns

….5. During hearing, we came to know that the appellant filed a criminal case against
the respondent and his entire family under Section 498-A IPC. From the conduct of the
appellant we have no hesitation to hold that the appellant being at fault wants to misuse
the process of law and harass the respondent and his family members for the sin of
marrying her. We never expected that women would be of such a character in this
country. Even though the respondent expressed so much magnanimity towards her,
without ill-will or rancor and extended his arm to lead a happy marital life, the appellant
just threw away the offer with her little finger. The criminal Court shall take up the case
for trial on day-to-day basis and dispose of the same within on month from the date of
receipt of this order. In the event of dismissal of the criminal case as a foisted one and
the allegations are far from truth, it is always open to the respondent to take appropriate
criminal action on the appellant as well as her parents for implicating them in a false
case and making them to come all the way from New Delhi to Hyderabad to attend the
Courts.

….6. This Court would like to go on record that for nothing the educated women are
approaching the Courts for divorce and resorting to proceedings against their in-laws
under Section 498-A IPC implicating not only the husbands but also their family
members whether they are in India or abroad. This is nothing but abuse of beneficial
provisions intended to save the women from unscrupulous husbands. But it has taken a
reverse trend now. In some cases this type of action is coming as a formidable hurdle in
reconciliation efforts made by either well meaning people or the Courts and the sanctity
attached to the mandate that the Courts shall always try to save the marriage through
conciliatory efforts till the last, are being buried deep-neck.

https://vinayak.wordpress.com/2015/06/15/wife-refuses-to-live-with-husband-in-spite-of-
husband-hon-court-taking-every-effort-to-save-the-marriage-then-wife-files-a-false-498a-
which-the-court-openly-condemns/

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Pandurang Katti S/O Srinivasa Katti vs State Of Karnatka By Basvanugudi Police

15 April, 2005
Karnataka High Court
ORDER A.C. Kabbin, J.
**********
Whaaat? a 65 year old lady beat up an independent young woman who is state cricket
player and software engineer? How property matters and a mother in law’s stay for a few
days ends up as a criminal case !!

…27. In the present case it is crystal clear that the dispute was not regarding any
demand by petitioners for dowry but regarding dispute of ownership of flat and site. This
dispute is also between only petitioner No. 1 and respondent No. 2 . In fact the memos of
understanding not only confirm it, but show that respondent No. 2 was given possession
of ornament in the locker. The dispute regarding the sharing of the expenses of the child
is the second reason for the complaint. Another factor which lead to the complaint
appears to be arrival of the mother in law who had safely kept away from the couple for 3
1/2 years. Her brief stay for one or two days brought her into difficulties…..

….25. In the case of Punjab National Bank and Ors. v. Surendra Prasad Sinha it is
observed that judicial process should not be an instrument of oppression or needless
harassment and that the court should be circumspect and judicious in exercising
discretion and should take all the relevant facts and circumstances before issuing process
lest would be an instrument in hands of private complainant as vendetta to harass the
persons needlessly.

…26. In the case of Ashok Chaturvedi and Ors. v. Shitul H Chanchani and Anr. it was
held that allowing the criminal proceeding to continue even when the allegation of the
complaint petition do not make out any offence would be tantamount to abuse of the
process of the court

https://vinayak.wordpress.com/2015/06/15/65-year-old-lady-beat-up-an-young-state-
cricket-player-and-software-engineer-how-property-anger-end-up-as-a-criminal-case/

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Sushil Kumar Sharma vs Union Of India And Ors

19 July, 2005
Supreme Court of India
JUDGMENT Arijit Pasayat, J.
**********
A PIL is filed in 2005 seeking courts order “….to declare Section 498A of Indian Penal
Code, 1860 (in short `the IPC’) to be unconstitutional and ultra vires in the alternative to
formulate guidelines so that innocent persons are victimized by unscrupulous persons
making false accusations…..”

The Honourable court opines “..…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….

https://vinayak.wordpress.com/2015/06/15/sushil-kumar-sharma-vs-union-of-india-hon-
supreme-court-misuse-of-law-unleashes-legal-terrorism/

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Rajeev Verma And Ors. vs State Of U.P. And Ors.

5 March, 2004
Allahabad High Court
JUDGMENT : Sushil Harkauli, J.
**********
Entire families accused u/s 498a. Old women languish in Jail. Magistrates refuse bail
fearing public outcry. Resort to criminal prosecution leads to breakdown of marriage.

…Reports from the subordinate Courts indicate that entire families of the accused,
including old women are languishing in jail for days till they are granted bail by the
Sessions Courts or the High Court because Magistrates have become fearful of granting
bail in these cases because of public outcry even though the case is only punishable with
imprisonment up to three years….

Note from the blogger: Pl note the court talks of making 498a compoundable and NOT
bailable in this case!

https://vinayak.wordpress.com/2015/06/15/entire-families-accused-us-498a-old-women-
languish-in-jail-magistrates-refuse-bail-fearing-public-outcry-criminal-prosecution-leads-
to-breakdown-of-marriage/

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Lalit Bhatia Vs State Of Uttar Pradesh And anr

27 May, 2005
Allahabad High Court
JUDGMENT Poonam Srivastava, J
**********
..Complaint has been filed only with a view to cause harassment to the husband and his
family members… continuation of the proceedings on the basis of complaint impugned in
this application, is nothing short of an abuse of the process of the court and is liable to be
quashed

….. filing of the complaint is only a result to the threat extended earlier regarding which,
information was given to the police by the mother-in-law Smt. Kanta Bhatia (applicant
No. 3) on 1.9.1997. It has also been argued that prior to the lodging of the complaint, the
divorce petition was instituted on the ground of cruelty on 31.3.1998 i.e. 2 1/2 months
before the criminal complaint was filed. …..

….Pritam Dass, opposite party No. 2 was examined as PW-2 in the divorce petition and
he has admitted that at no point of time any dowry was demanded directly from him, he
came to know about it only through his daughter Smt. Mamta Rani. He has further
admitted in his statement that there was no demand of dowry either at the time of
wedding or before the wedding whatever gifts were given in the marriage, was the sweet
will of the family members of the bride. The divorce petition, which was instituted by the
wife Smt. Mamta Rani, was dismissed holding that in fact she was never subjected to any
cruelty, on the contrary, the husband was subjected to cruelty at the hands of the wife and
in the circumstances, the divorce petition was dismissed….

…I have gone through the entire records as well as supplementary affidavit and I feel
that this is one of those cases in which the complaint has been filed only with a view to
cause harassment to the husband and his family members. In fact it is gross misuse of the
provisions of Section 498A I.P.C. which certainly pricks the judicial conscience and can
not be left to stand. In the circumstances, I am in agreement with the argument advanced
by counsel for the applicants that the continuation of the proceedings on the basis of
complaint impugned in this application, is nothing short of an abuse of the process of the
court and is liable to be quashed in exercise of inherent powers. I therefore, come to a
conclusion that the complaint instituted by the opposite party No. 2 is frivolous one and is
quashed….

https://vinayak.wordpress.com/2015/06/15/complaint-filed-only-with-to-cause-
harassment-to-husband-his-family-it-is-gross-misuse-of-498a/

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Vinod Rajkrishan Kaushik & ors. … Vs The State of Maharashtra. …

July 25, 2014
Bombay High Court
CORAM : Smt.Sadhana S. Jadhav,J
**********

“….The highhandedness and influence of the complainant party was writ large on the
face of the record and the police had detained the Petitioner No. 3 in custody without
verification of the facts.….”

“… 18 ) The Hon’ble Apex Court in the recent Judgment in the case of Arnesh Kumar
v/s. State of Bihar & anr. has observed that” There is phenomenal increase in
matrimonial disputes in recent years. ….”

“…….. 19 ) In the present case, it is a matter of record that the Petitioner No. 3 had to
undergo incarceration for a week because of the fact that he was arrested unaware. The
Petitioner No. 3 was arrested on 26th September, 2008 and was released on bail on
1/10/2008. The Petitioner No. 3 was exposed to social obloquy at the place of service
since he was arrested in the office i.e. in the TCS office and was handcuffed. All this
would clearly show that the complainant was seeking personal vendetta without there
being any sufficient grounds…..”

…..23 ) On perusal of the facts of the case and observations of the Hon’ble Apex Court
cited supra, and for the reasons mentioned hereinabove, the Petition seeking discharge
deserves to be allowed…..
https://vinayak.wordpress.com/2014/08/09/bom-hc-blasts-disgruntled-wife-misuing-
498a-relief-to-498a-hubbyfamily-husb-arrstd-handcuffed-office/

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Arnesh Kumar….. Versus State Of Bihar & Anr…..

July 2, 2014
Supreme Court Of India
Judgment: Chandramauli Kr. Prasad
**********
“…..The fact that Section 498-A is a cognizable and non-bailable offence has lent it a
dubious place of pride amongst the provisions that are used as weapons rather than
shield by disgruntled wives. The simplest way to harass is to get the husband and his
relatives arrested under this provision. In a quite number of cases, bed-ridden grand-
fathers and grand-mothers of the husbands, their sisters living abroad for decades are
arrested……”

“….Power to arrest greatly contributes to its arrogance so also the failure of the
Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources
of police corruption…..”

https://vinayak.wordpress.com/2014/07/02/498-a-used-as-weapon-rather-than-shield-by-
disgruntld-wives-supreme-court-also-no-auto-arrest-in-498a-cases/

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Pashaura Singh Vs State of Punjab. Supreme court of India.

November 13, 2009.
Supreme Court Of India
JUDGEMENT : R.M. Lodha, J.
**********
FIR manifestly malafide & with ulterior motive. Prosecution not at all legitimate, rather it
is frivolous, vexatious, unwarranted & abuse of process. Supreme court
The Honourable Supreme court comes down heavily on a false and malafide 498a filed at
the instance of an Canadian Indian woman and her family. The Hon court says “…….The
FIR lodged by Balwant Singh (…wife’s brother..) is manifestly attended with malafides
and actuated with ulterior motive. The prosecution of the appellant is not at all
legitimate, rather it is frivolous, vexatious, unwarranted and abuse of process. The
appellant (…husband..) has made out a case for quashing the first information report and
all subsequent proceedings pursuant thereto….”

https://vinayak.wordpress.com/2015/06/17/fir-manifestly-malafide-with-ulterior-motive-
prosecution-not-at-all-legitimate-rather-it-is-frivolous-vexatious-unwarranted-abuse-of-
process-supreme-court/

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Preeti Gupta & Anr vs State of Jharkhand.

August 13, 2010
Supreme Court of India
JUDGMENT : Dalveer Bhandari, J.
**********
In this classic case Sister in Law and brother in Law (of the complainant woman) who
have never stayed with the couple are included in the 498a complaint. They run for
quash. The Hon Supreme court studies the case in detail and express pain and anguish
about the #Legal_Terrorism, and #false498a unleashed in the country. The Hon Supreme
court suggests to #Amend498a in the larger interest of society! …and this is in 2010!

Quoting the Hon Apex court :

“…30. It is a matter of common experience that most of these complaints under section
498-A 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. …”
xxxx
“…32. Unfortunately, at the time of filing of the complaint the implications and
consequences are not properly visualized by the complainant that such complaint can
lead to insurmountable harassment, agony and pain to the complainant, accused and his
close relations….”
xxxx
“….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 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……”

https://vinayak.wordpress.com/2015/06/17/preeti-gupta-another-vs-state-of-jharkhand-
supreme-court-recommends-necessary-changes-in-498a-in-the-larger-interest-of-society-
to-avoid-misuse/

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Ajay Ashok Khedkar V/s Sou. Laleeta Ajay Khedkar.

12 April 2010
High Court Of Judicature At Bombay
ORAL JUDGMENT : Per Deshpande, J.
**********
Wife files false 498a against husband and ALSO ropes in others as a counter blast to
husband’s divorce petition. Both Judicial Magistrate and High court come down heavily
upon the wife’s attempt

“…..The Judicial Magistrate has recorded categoric finding that the complainant’s own
testimony falsifies the prosecution case that the complainant was treated cruely and was
harassed by the accused persons with a view to coerce her and her parents to meet their
unlawful demand of Rs.50,000/. The Magistrate has totally disbelieved the version of the
complainant/wife and has acquitted the accused persons. On a careful reading of the
judgment rendered in the case of prosecution under section 498A of IPC one thing is
crystal clear and it can be safely assumed that the wife had filed a false case not only
against her husband and motherinlaw but had unnecessarily roped in other near
relations. It is obvious that on account of arrest and detention of the husband and his
family members respondent has treated the appellant with utmost mental cruelty and the
appellant has suffered agony. It will not be out of place to mention that the complaint
filed by the wife was calculatedly designed in as much as it was a sort of counter blast to
the divorce petition filed by the husband. The appellant had filed divorce petition on
16.6.03 whereas the complaint was lodged by the respondentwife on 11.7.03…..”

Thus the wife wastes 10 years of the husband’s life with her false and frivolous case

https://vinayak.wordpress.com/2013/12/26/filing-false-498a-arresting-family-members-
is-cruelty-divorce-granted-bombay-hc/

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Ramesh and others Vs State of Tamil Nadu .

03rd March 2005
Supreme Court of India.
BENCH: P. Venkatarama Reddi & A.K. Mathur
**********
Wife makes bald statements against a sister in law who is staying separately from the
couple. 498a is filed against that sister in law (in addition to the husband and others!) the
sister in law is forced to run up to the Supreme court and get the case quashed
Quoting the Honourable Apex court : “…Even acts of abetment in connection with
unlawful demand for property/dowry are not alleged against her. The bald allegations
made against her sister-in-law seem to suggest the anxiety of the informant to rope in as
many of the husband’s relations as possible. Neither the F.I.R. nor the charge-sheet
furnished the legal basis to the Magistrate to take cognizance of the offences alleged
against the appellant Gowri Ramaswamy. The High Court ought not to have relegated
her to the ordeal of trial. Accordingly, the proceedings against the appellant Gowri
Ramaswamy are hereby quashed and her appeal stands allowed….”

https://vinayak.wordpress.com/2015/06/17/6581/

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M.P. No.1 of 2008 in Crl.O.P. No.10896 of 2008

04.08.2008
High Court Of Judicature At Madras
CORAM : The Hon’ble Mr. Justice R.Regupathi
**********
Madras HC in 2008: “Apart from the husband, all family members are implicated and
dragged to the police stations”

“…It must also be borne in mind that the object behind the enactment of Section 498-A
IPC and the Dowry Prohibition Act is to check and curb the menace of dowry and at the
same time, to save the matrimonial homes from destruction. Our experience shows that,
apart from the husband, all family members are implicated and dragged to the police
stations. Though arrest of those persons is not at all necessary, in a number of cases,
such harassment is made simply to satisfy the ego and anger of the complainant. …”

The Honourable court issues detailed directions to the Police on how to conduct inquiry
and steps to be taken before arrest and goes on to say “…Arrest in matrimonial disputes,
in particular arrest of aged, infirm, sick persons and minors, shall not be made by the
Station House Officers of the All Women Police Stations. If arrest is necessary during
investigation, sanction must be obtained from the Superintendent of Police concerned by
forwarding the reasons recorded in writing…”

https://vinayak.wordpress.com/2015/06/17/6584/

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Binay Kumari Vs State of Bihar and Others

13-05-2015
High Court Of Judicature At Patna
CORAM: Honourable Mr. Justice Ashwani Kumar Singh
**********
Sister in law roped into 498a case without specific allegations or proof. Patna HC
quashes case & talks of misuse of 498a

Quoting the Honourable court:

“9. …….Though the contents of the complaint made out a prima facie case against the
husband of the complainant and some other family member, but if evidence collected in
course of enquiry is appreciated and scrutinized in its entirety, it would appear that there
is no specific allegation against the petitioner, who is unmarried sister of the husband of
the complainant except casual reference of her name at some places. In any view, in a
matrimonial dispute, without allegation of any active involvement in the matter, it would
not be proper to put the petitioner on trial. In course of argument, it has been submitted
by the learned counsel for the petitioner that presently the petitioner is married and is
residing at her matrimonial home. In my view, allowing the prosecution to continue
against her, would be counterproductive and it may even ruin her matrimonial life….”
xxx
12. Misuse of section 498A of I.P.C. in may cases has been judicially noticed by the Apex
Court as well as various High Courts. It has been highlighted in those judgments that
keeping in view the social objective behind the section, it is the duty of the courts to
ensure that the complaints filed with false or exaggerated allegations out of ulterior
motives or in a fit of emotion should be curbed .
13. Recently, the Apex Court equated misuse of the section to “legal terrorism” and said
it was being treated as a “weapon rather than a shield by disgruntled wives.
xxx
16. When I look to the facts and circumstances of the present case, in the background of
legal principles set out by the Apex Court, I deem it appropriate to quash the complaint
against the petitioner in the interest of justice. ..”

https://vinayak.wordpress.com/2015/06/17/sister-in-law-roped-into-498a-case-without-
specific-allegations-or-proof-patna-hc-quashes-case-talks-of-misuse-of-498a/

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Amrit Anand @ Chhotu, Versus The State of Bihar

14-01-2015
High Court Of Judicature At Patna
CORAM: Honourable The Chief Justice
**********
Gross misuse of 498A. 6th Additional Sessions Judge so insensitive & did not even
mention justification keeping petitioner in prison! Bail allowed!

…..This is an instance of gross misuse of the provision of Section 498A of the Indian
Penal Code. Obviously by taking note of the weakness of the allegation against the
petitioner, the trial Court granted anticipatory bail. That, however, was recalled only on
the ground that counselling between the petitioner and his wife failed. The learned 6th
Additional Sessions Judge was so insensitive that he did not even mention the
justification for keeping the petitioner in prison and has just put the seal of approval on
the cancellation of bond and putting the petitioner behind the bar.

Hence, this application is allowed. The petitioner is directed to be released on bail on

furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each ……

https://vinayak.wordpress.com/2015/06/18/gross-misuse-of-498a-6th-addl-sessn-judge-
insensitive-not-even-mention-justification-2-keep-petitioner-in-prison-bail-allowed/

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Amit Sharma… Vs State & Ors
August 06, 2010
High Court Of Delhi At New Delhi
JUSTICE Shiv Narayan Dhingra
**********
Registration of false FIRs profitable business 4 police officials!! Justice DHINGRA ji
tears false 498a to shreds!

Hon Shri Dhingra “…I consider that registration of this FIR is a sordid story of working
culture of Delhi police. It is this police which refuses to regi ster FIR s in case of
robberies, thefts and other heinous offences which take place on the roads of Delhi and
when the complainant dare comes to police station for registration of FIR, he is made to
run from one police station to another on th e issue of ju risdiction itself, while the FIRs
are registered when nothing happened in India and no investigation can be done by the
police in India. Why such FIRs are registered is obvious. It seems registration of FIRs
has been made a profitable business by some police officials. The police, in the present
case, not only registered the FIR but also got lookout circulars for the petitioners
issued…..”

https://vinayak.wordpress.com/2014/06/06/registration-of-false-firs-profitable-business-
4-police-officials-justice-dhingra-tears-false-498a-to-shreds/

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Perugu Varalakshmi vs State And Ors.

17 December, 2002
Andhra High Court
JUDGMENT L. Narasimha Reddy, J.
**********
Facts & circumstances clearly indicate case is to wreak vengeance & is a gross misuse of
498A IPC.
* In this case a woman who is already divorced from her husband and who is living away
from her husband files a 498a using her own uncle and her son as witnesses !! The
Modus Operandi is simple. She files a MC case, and on the day husband comes to attend
the MC case she claims the husband demanded Dowry !! (even though it is after divorce)
* The AP High court clearly goes thru the evidence, appreciates the serious anomalies in
the evidence and lets the lower court verdict of acquittal stand
* The Hon court also clarifies that this case is GROSS misuse of 498a IPA
* Quoting the Honourable court :
“…..15. The various facts and circumstances would clearly indicate that the complaint
submitted by P.W. 1 was nothing but a step to wreak vengeance against the accused and
the whole case presents an instance of gross misuse of provisions of Section 498A of IPC.
16. The Trial Court has discussed the evidence on record in proper perspective and had
arrived at a just and proper conclusion, I do not see any reason to differ with the finding
recorded by the Trial Court. The Crl.R.C. and the Crl. Appeal are accordingly
dismissed……..”

http://wp.me/p7s7-1Im

**********************************************************

SRINIVAS RAO …Vs D.A. DEEPA

Feb 22, 2013
Supreme Court Of India
JUDGMENT : (Smt.) Ranjana Prakash Desai, J.
**********
False 498a, falsely alleging she was forced to sleep with father in law etc are cruelty.
Divorce granted @ Supreme court. Wife need not stay long, to treat husband cruelly.
Clear case of 498a misuse

Marriage solemnised in 1999. Fight starts immediately after marriage and wife leaves for
parental house JUST 1 day after marriage. She promptly files a false dowry case saying
husband and co sought 10 lakhs dowry and also alleges that her mother in law asked her
to sleep with father in law. After initial compromise on the false dowry case, police make
a closure report, but ablaa naari goes to court and gets the dowry case numbered !!
Meanwhile husband files for divorce and wife wants restitution! Yeah, she wants
restitution! Husband is granted divorce by family court. Wife goes on appeal to HC
(against family court decree). In the meanwhile husband looses 498a at magistrate court
and immediately wife writes to husband’s office (i.e.) AP High court to remove him from
his job! Husband wins appeal on 498a case at Sessions court and wife goes on appeal
before AP HC which is not yet finished!

In the meanwhile Hon. AP High court allows wife’s appeal to Husband’s divorce decree
and grants her restitution! Hon AP HC states wife could NOT have committed cruelty
because she stayed at husband’s house only for a day!

Husband goes on appeal to Supreme court on the divorce decree. Hon Supreme court
appreciates the entire case and decrees (a) marriage broken down as parties have been
completely living apart (b) various cases filed by wife are cruelty (c) wife NEED NOT
have physically lived with husband to create cruelty and grants divorce to husband …
Supreme court KINDLY provides the wife with Rs 15,00,000 !! as permanent alimony !!

http://wp.me/p7s7-1Iw

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Smt.Sunita Goyal & Ors. Vs. State of Punjab & Anr.

21.2.2012
High Court Of Punjab & Haryana At Chandigarh
CORAM: Hon’ble Mr.Justice Mehinder Singh Sullar
**********
Reckless Malafile FIR falsely implicating in-laws vexatiously & maliciously to blackmail
& grab property

Ablaa wife files FIR on In laws inclyding brother – in law (Devar), but NO FIR on her
own HUSBAND. She hides facts. The honourable High court concludes that “…if the
crux of the allegations levelled against the petitioners as discussed hereinabove, is
clubbed together and is perused, then, to my mind, the conclusion is irresistible that the
complainant has falsely implicated the petitioners vexatiously and maliciously, to put
pressure and to blackmail them, to grab the property, in order to wreak vengeance and
the criminal proceeding is manifestly attended with mala fide against them. Such
reckless/malafide FIR deserves to be quashed, in view of law laid down by Hon’ble
Supreme Court in case State of Haryana and others v. Ch.Bhajan Lal and others…”

The court goes on to say “… As strange as it may appear, but strictly speaking, the
tendency and frequency of the wives of involving and roping in all the relations of her in-
laws in the matter of demand of dowry have been tremendously increasing day by day,
which is adversely affecting social fabric of the society and leaving the Courts in lurch to
decide such criminal prosecution. This tendency needs to be curbed and if not
discouraged, it is likely to affect and weaken the case of the prosecution even against the
real culprits in future in this relevant direction….”

http://wp.me/p7s7-1IM

**********************************************************

Dr.Anita Rani Vs Dr.Suresh Kumar

26.2.2015
High Court Of Punjab And Haryana At Chandigarh
CORAM:- Hon’ble Mr. Justice Ajay Kumar Mittal, Hon’ble Mrs. Justice Sneh
Prashar.
Order : Hon’ble Mr. Justice Ajay Kumar Mittal
**********
Filing false criminal cases, getting husband arrested, neglecting household, ill treating
husband etc are cruelty against husband. Divorce granted to husband. HC affirms lower
court decree.

* Wife leaves matri home on many occasions

* Wife breaks mangalsutra throws it on ground during quarrel
* Wife has written letters to husband’s employer urging them to take action against
husband
* Wife files false 406, 498a case wherein the husband was arrested but the final outcome
resulted in acquittal of husband and other accused by the trial court vide judgment dated
23.2.2013
* The Husband argues that “…acts of the appellant (wife in this appeal) in insisting upon
the department to initiate action against the respondent and also to prosecute him for
demand of dowry show that the marriage had irretrievably been broken and such acts of
the appellant amount to cruelty and were sufficient to dissolve marriage between the
parties…”
* The Hon HC summarieses that “……The primary question that arises for consideration
in this appeal is whether the acquittal of the husband and his family members of
matrimonial offences under Sections 406, 498-A of the Indian Penal Code would be
sufficient to hold that it has caused mental cruelty to the husband so as to entitle him to a
decree of divorce under Section 13(1) (ia) of the Act….”
*& Hon HC concludes “… Thus, the irresistible conclusion would be that the appellant-
wife had treated the husband-respondent with cruelty….” and “…..Learned counsel for
the appellant was unable to demonstrate that there was any error or perversity in the
findings recorded by the trial court which may warrant interference by this Court.
Accordingly, finding no merit in the appeal, the same is hereby dismissed. No costs….”

http://wp.me/p7s7-1IE

**********************************************************

Sanjiv Kumar Vs State of Haryana and another

21.05.2012
High Court Of Punjab And Haryana At Chandigarh
CORAM: Hon’ble Mr. Justice Mehinder Singh Sullar.
**********
Vexatious &malicious FIR on inlaws, to wreak vengeance. Disowned love mariage DIL
files false 498a 406 on family

* One of the sons marry a girl outside the caste without consent of the family “……..
inter-caste love marriage of Manoj Kumar Saini, younger brother of petitioner Sanjiv
Kumar, was solemnized with complainant-Anju Saini, respondent No.2 (for brevity “the
complainant”) on 06.07.2002 in Arya Samaj Mandir at Hisar, without the consent of
family members…”
* The Dad is furious about this intercaste marriage and “… When the father of Manoj
Kumar Saini came to know that he is going to perform love marriage with the
complainant, then he disowned him(Manoj Kumar) and got published the following
public …”
* The Dad is so shocked that “… he actually suffered serious ailments and ultimately,
died due to the attitude of his son Manoj Kumar Saini…”
* So the marriage completely cuts off this son, and they start living separately from the
family !!
* Living away from the family does NOT save the parents from false cases !! Six years
later, the wife (yeah .. the same love marriage wife) files a 409a, 406 case “….six years
after solemnization of marriage, the complainant lodged a complaint against petitioner-
Sanjiv Kumar, brother-in-law(Jeth), his wife Suman, sister-in-law(Jethani) and Rani,
mother-in-law, inter alia, with the allegations that they started pressurizing her, to bring
more money from her parents. They did not give any share out of property and demanded
Rs.2-3 lacs…”
* And the Honourable court concludes “….if the crux of the allegations levelled against
the petitioner, as discussed hereinabove, is put together and is perused, then, to my mind,
no pointed offences are made out against the petitioner and the complainant has
vexatiously and maliciously filed the FIR(Annexure P-5) against him, in order to wreak
vengeance. In case, the complainant is permitted to prosecute her brother-in-law(Jeth),
who is residing separately, then it will inculcate and perpetuate great injustice to him. In
this manner, the complainant appears to have falsely involved the petitioner in the
present case…”

**********************************************************

Bipat Mistry Vs State Of Bihar

12.08.2010
High Court Of Judicature At Patna
Mandhata Singh, J

How Petty quarrels become criminal cases clogging courts and eating precisous time and
taxpayer money

“…Rs. 10,000/- was demanded by the petitioner from informant’s son that was opposed
by the informant which resulted in an incident of assault ..” !!
“…No case under Section 498A is made out even after accepting the allegation …”
“…This case is an example that how the provision under section 498A of the Indian
Penal Code is misused….”

http://wp.me/p7s7-1Ja

**********************************************************

Gaurav Babulal Thakor & 4 Vs State Of Gujarat & Anr

19/06/2015
High Court Of Gujarat At Ahmedabad
CORAM: Honourable Mr.Justice N.V.Anjaria

Husband wife apart since 2010. 498a in 2014. DV filed aftr 498a stay. Abuse of process
says HC

“…..husband and wife have been staying separately since 2010. A complaint under
Section 498A was filed by the wife in April 2014. ….”

“…This Court has stayed the proceedings pursuant to the said complaint by order dated
08.01.2015. The complaint under the Domestic Violence Act was filed thereafter…”

“…..5. From the above uncontroverted facts, a prima facie case is made out showing
abuse of process in initiating the domestic violence proceedings. Therefore, RULE,
returnable on 30th July, 2015. Till the next date, there shall be no further proceedings
before the Court of learned Metropolitan Magistrate in respect of Criminal Case No. 85
of 2014….”

**********************************************************
Md. Quasim @ Md. Kashim @ Md. Quasim Ansari Vs The State of Bihar
16-01-2015
High Court Of Judicature At Patna
CORAM: Honourable The Chief Justice

Husband arrested and Jailed for one and half years. The Hon HC is shocked !!.

Granting Bail, the Hon HC says “…This case indeed discloses the extent to which the
provision of Section 498A, IPC has been misused and as to how the legal system was
unkind to the petitioner…..” “..For the past and one and-a-half years the petitioner is in
prison. Even if he is held to be guilty of the offence alleged against him, the sentence
cannot be that much….”

http://wp.me/p7s7-1Jd

**********************************************************

BHIKHARI SINGH son of late Methur Singh and Anr Vs The State Of Bihar
3.3.2010
High Court Of Judicature At Patna
Order : Mandhata Singh, J.

Unrelated villagers roped into 498a. Lower court NOT vigilant, Patna HC orders bail,
decries misuse !

Misuse of 498a has become SO very rampant that completely un-related people are roped
into 498a and they have to run up to the HC to get bail !!

In this case, quoting the Hon HC “…None can be allowed to misuse the privilege under
section 498A of the Indian Penal Code and section 3 / 4 of the Dowry Prohibition Act as
a weapon which is to defend a helpless lady. It appears that court’s are not vigilant to
prevent this abuse by way of taking cognizance for false prosecution. Petitioners are
villagers not relatives of the husband…”

http://wp.me/p7s7-1Jl

**********************************************************
 #498a on 10 year old #sister-in-law! #Quashed #PUNJAB HC
this case is from 1998 !! so all those ppl thinking that misuse started yesterday, may
PLEASE re-think !! :-(

======================
////// Miss Kiran – petitioner No. 1 is the #sister of Pawan Kumar – husband of
respondent No. 2-Pinki Rani. According to the allegations made in the First Information
Report, Ms. Kiran was #minor at the time of occurrence. In support of her contention,
copy of the #birthcertificate (Annexure P-3) has been filed which shows the date of birth
of Kiran daughter of Mansa Ram as 24.2.1981. The age of the petitioner No. 1 in 1994
was around 13 years and at the time of marriage which took place in June, 1991, she was
aged about 10 years and four months. The allegation made in the impugned First
Information Report insofar as petitioner No. 1-Kiran is concerned is as under :-
“……Not only this, accused No. 5, Smt. Preeto and accused No. 6 Miss Kiran along with
Parveen Kumar accused No. 2 used to beat the complainant on very trifle matters….”
7. It appears inherently improbable that a minor girl, who was aged a little over 10 years
at the time of marriage of respondent No. 2-Pinki Rani, would join hands with her mother
in assaulting and beating her sister-in-law (Bhabhi). There are no allegations made in
the First Information Report about Miss Kiran making any demand of dowry and
harassing and torturing the respondent No. 2. There are no allegations of the entrustment
of the dowry items to the petitioner No. 1-Kiran. In my considered view, the impugned
First Information Report does not prima facie show the involvement of Kiran for offences
punishable under Sections 406 and 498A of the Indian Penal Code. //////

https://www.facebook.com/subu.subramaniam/posts/1239995442735794
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50 of 57

 Ashish Dwivedi Great and awesome

 2

o 3y
 Ashish Dwivedi Now i can see a day where FIL/MIL/Wife would be jailed and this will be finished forever , 498a
Ready for packup!

o 3y

Sushant Khaitan replied

· 1 reply

 Subu Subramaniam ^ happy to know this is helpful !! :-)

o 3y

Yogapaartiban AP replied

· 1 reply

 Subu Subramaniam hope more ppl read this

o 3y
 Yogapaartiban AP Subu Subramaniam
Well at the same time we must extend our support to such unbiased judges.
In TN one of the unbiased judge refused to accept money from FEMINIST and provided judgement legally.…See
more

o 3y
 Karan Singh Great Effort ... Nice to read and gives lots of confidence

2
 o 3y
 Subu Subramaniam ^ thanks Karan Singh Ashish Dwivedi Justin Case Kavariman Rasa
-------------
youth like you are my biggest motivators…See more

o 3y

Subu Subramaniam replied

· 3 replies

 Ratul Roy Subu ji,

Thank you very much for your excellent collection. I'm facing 498a, 406, 125 etc. My father is 76 yrs old , cancer
patient. Mother 70 yrs , stroke , cannot walk properly. They are also accused. I have not been able to see my
daughter since bir…See more

o 3y

Rajesh Kr Raichand replied

· 4 replies

 Subu Subramaniam why copy ? why NOT refer to the same link ? / URL ? Faizan Khan

o 3y
 Sai Teja Marthi thank you very much for your valuable l'd not conclude but it is correct the entire family system is
spoiling and the children are becoming orphans having parents and grand parents and becoming social anti elements
Government encouraging women quota e…See more

o 3y
 Sathiamoorthi Murugesan how to fight against false 498a ?
o 3y
 Subu Subramaniam ^^ Like they have done in the above and 100s of cases
 1

o 3y
 Aditya Koduru Great Collection Subu sir.. Courts across the country have started acknowledging the gross n
pathetic misuse decades ago but funny thing the Law commission n MSM still caught up in "Kya 498a/other
provisions sachi mein misuse hota hai?" discussions wit…See more

o 3y
 Udayan Sharma Good collection Sir. Thanks.

o 3y
 Shravan Kumar Chaitanya Kakumanu

o 3y
 Tk Sarkar you have given a good account of yourself in presenting various quash judgement which may be helpful
for the victims. Thanks a lot . In this connection I would like to request you kindly send me the 498a quash
judgement whereas the allegation in G.D. is simple in nature relating to the family dispute problem. But the same
fact is febricated adding masalas in F.I.R.

o 3y
 Virendra Verma Sir i wants to fight against false 498a . Even though charge already made by court our advocate
did objected though he was having all evidance in his hand staying that we will fight and will got all of you free by
same court. Pl. ,advise.

o 2y
 Abhishek Das In India Men’s fight for Women’s wright but is there any women in India who fights for Men’s right
in India we have the most No of IPC laws for women protection but is there any law for Men’s protection against
domestic violance . i think the answer is…See more
o 2y
 Yukti Anand Shyam Kumar
o 2y

Shyam Kumar replied

· 1 reply
 Sudesh Motumal My wife files 498a in 2017 after doing an attempt to murder on me in 2014 after 22 yes of
marriage
Very truly said glorious country of law and judiciary
o 2y
 Arnab Chatterjee Wife filed fir on Nov 2015.with attempt to murder. Dp. 323 .306etc. After one month pwdva...
Dir report and fir are contradictory.... Place. Time and occurrence has been changed in pwdva. Can I go for quashing
the fir...? Is it possible to run parallel cases which are contradictory with each other.?
o 2y
 Rajeev Ranjan sir my wife file case of 489 in SDGM coat to all my family member ,but lower cort only take charge
against me only
o 2y
 Rajeev Ranjan but again she went fo revision to add all family member name , how to procets my family member
to avoid adding their name
o 2y
 S Farman Ahmad Naqvi Add one case more reported in [2010 (71) Allahabad Criminal cases 516] Rizwan Haider
Kazmi and others vs State of UP and others. Decided on October 7,2010 by Justice A K Ropanwal.

o 2y

Subu Subramaniam replied

· 1 reply

 Renascentia La Being a woman I really feel apologetic that this Is happening... Misuse of freedom

o 2y
 Arnab Chatterjee I am facing 498a as well as dva in a magistrate court almost a close distance from my wife, s
paternal house. The facts and figures of 498a and dva are different. I have tried to quash them all. But the high court
of West bengal is a great feminist. Th…See more

o 2y

Arnab Chatterjee replied

· 2 replies
 Mantu Vishwakarma Thanks sir .....lot of confidence ........
o 1y
 Pandurang S Katti It still fell great that I made it to your top 30 list

o 1y
 Abhijit R Prasad Mr. Narendra Modi: Two days of married life, should a husband accept all the allegations without
defending? - Sign the Petition!
https://www.change.org/.../mr-narendra-modi-two-days-of...

CHANGE.ORG

Sign the Petition

Sign the Petition

o 1y
 Kumar Vijay Thanku sir
o 1y
 Ajay Goswami Well organised materials related to 598a misuse. Thanks for this . This is a complete dossier.
o 1y
 Sk Abdul Sattar Thanks to our judge for taking the time to scrutinies the cases of misuse of act. But why the police
registering the complaint with out any evidence. For which party is suffering too much. This is very clear that, it is
open secret corrupt business of dishonest police and advocates.

o 1y
 Vijay Dhuri Excellent work! God Bless You!!

o 1y

Subu Subramaniam replied

· 1 reply
 Proj Ghosh Such database of case precedents are of greater "direct benefit" to distressed men.

o 1y

Ritesh Kumar Tiwari replied

· 4 replies

 Subu Subramaniam One more database can be found here. Posting it here because this may also benefit husbands

https://vinayak.wordpress.com/cases-husbands-won-on-cruelty/

VINAYAK.WORDPRESS.COM

Approx 40 cases husbands won on cruelty

Approx 40 cases husbands won on cruelty

o 1y

Dhana Sekar Yes to avoid false complaints

o 1y
 Gita Mallick Only criticise is not enough,,,must be punish

o 1y
 DRx Madhav Ganji Wife given Supari to kill #Husband details: http://shoorpanakha.blogspot.com/.../wife-gives-
supari...
 1

o 1y
 Sami Qureshi Very nice information at one place

o 18w
 Raghu Raman Is there any provision in the Law to penalize a woman who files false case against a man

o 16w

Projjwal Ghosh replied

· 1 reply

 Amaresh Karmakar Layers must read this (lower court)

o 6w
 Akshay Kukreja Thank you sir
o 6w
 Sharad Verma Please also include cases where wives file multiple cases under section 125, section 12 and section
498a for a single charge of domestic violence and courts have quashed the cases citing double jeopardy.
o 6w

Sharad Verma replied

· 2 replies

 Praveen Kumar Bhartiya Yes my friend

o 6w
 Praveen Kumar Bhartiya

✔️
o 6w
 Praveen Kumar Bhartiya No job
o 6w
 Jagan Mohan Thanks a lot sir... U rock
o 6w
 Navneet Nandan People like you are a ray of hope in a very woman tilted approach। By this lawmakers and very
female side tilting approach of courts all husband's implicated under 498are not evils nor all the complaining wives
angels either Black sheep's on both sides Courts should be wide enough to pick the falsehood or lies from truth St
the time of taking congnigence they should be fearless and bold
o 6w
 Navneet Nandan Courts are very timid in delivering any relief order even if they know that complaint is of
sweeping nature and a counterblast of husband reprimanding wife not to keep illicit relationship with pre marriage
lover
o 6w
 Bala Kumar Boddeda If someone files false 498A complaint, why our GOVT doesn't think about innocent Sister in
Laws, who is also female citizen of India.
o 1w