dowry death - prevent misuse

Misuse of section 498A I.P.C. – It is not only judicially acknowledged but also from certain studies – Section 498 A was inserted in the statute with the laudable object to check unconscionable demands by greedy husbands and families which at times result in cruelty to women and also suicides – However, the provision is abused in order to rope in the relatives of the husband including Parents, Grand parents and Children on the strength of vague and exaggerated allegations without any verifitable evidence of physical or mental harm or injury, resulting harassment or even arrest of innocent family members – Directions issued to curb such menace. 

District Legal Services Authorities to constitute one or more Family Welfare Committees, comprising three members, in each District – Every complaint U/s. 498A IPC received by the Police or Magistrate be referred to such Committee who, after interaction with the parties, personally or over telephone or by any other mode submit a report to the above authority within one month and till then no arrest should normally be effected – However, committee members will not be called as witnesses – The complaints U/s. 498A IPC and other connected offences may be investigated only by a designated Investigating Officer of the area – In cases where a settlement is reached it is open for the District and Sessions Judge or any other Senior Judicial Officer nominated by him, to club all connected cases between the parties arising out of matrimonial disputes and to dispose of the proceedings including closing of the criminal case – Personal appearance of all family members, particularly outstation members 

may not be required and the trial Court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial – Moreover, persons ordinarily residing out of India, impounding of Passports or issuance of Red Corner Notice should not be a routine – If a bail application is 

filed with at least one clear day’s notice to the Public Prosecutor/Complainant, the same may be decided as far as possible on the 

same day and recovery of disputed dowry items may not by itself be a ground for denial of bail, if maintenance or other rights of wife/minor children can otherwise be protected-However, these directions will not apply to the offences involving tangible physical injuries or death. (Paras 14 to 19)

2017 (II) ILR - CUT- 497 (S.C.) 

CRIMINAL APPEAL NO. 1265 OF 2017 

[ARISING OUT OF SPECIAL LEVE PETITION (CRL) NO. 2013 OF 2017] 

RAJESH SHARMA & ORS. Vrs. STATE OF U.P. (SC)