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SC To Revisit The Judgment By Two Judge Bench On Abuse Of Section 498A IPC [Read The Order And Petition]

Less than three months after a Supreme Court bench has laid down guidelines  saying no arrest of husband and his family members till the charges are verified in the dowry harassment complaints under section 498 (A) of IPC, the Chief Justice of India (CJI) led Bench today decided to revisit the two Judge Bench Judgment.

 Referring to the July 28 Judgment in Rajesh Sharma Vs State of Uttar Pradesh case, CJI Dipak Misra said

“we are not in agreement with the judgment  passed in the case. We can’t write law. We can only interpret the law.”

 The bench appointed Senior Advocate V Shekhar as Amicus to assist the court while issuing notice to the Centre and sought its reply.

 The Bench was hearing PIL filed by an NGO Nyayadhar in which a prayer was made for a direction to include two women members in the three member family welfare committee as suggested in the Rjesh Sharma judgment.

 The Bench, however, said although the prayer is different on this petition but the court is not in agreement with the guidelines issued by a bench while dealing with the dowry harassment cases.

In July a bench of justices A K Goel and U U Lalit had expressed concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws.

 “It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. To remedy the situation, we are of the view that involvement of civil society in the aid of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized. It is also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose”. It said.

 It had directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.

 It had also directed all states to set up family welfare committee (FWC) in each district and empowered them toll into the veracity of every complaint.

Read the Order Here

Read the Petition Here

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  • Bharti Sharma says:

    Yes husbands were harassed on this ground these days but still in some cases they are guilty so it is a fabulous judgement that there is no need of automatic arrest first investigation must be done carefully then if the husband is guilty he must be given punishment under section 498(a) of ipc otherwise he must be let free . this interpretation was necessary and there was a need of it to be brought .

  • […] Now as per the judgement of 498A under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498A. But this judgement is challenge in higher bench and revisit the judgement. […]

  • बनारसी देवी says:

    One wonders that How it is to convince in respect of 498a laws that even, The Hon’ble Supreme Court intends to revisit its own directives against misuse of 498A laws within 2.5 months at insistence of an unknown organisation coming forward with no meticulous petition-data’s.
    Then, one can imagine the situation of the lower court especially in Bihar with respect to misuse of 498a case. No Court is willing to pass speaking orders.
    Whether this organisation Nyayadhar would state that what would be the action of the Court on finding the falsity of 498a lady or falsity of Investigating Officer.
    Is there any datas, the applicabilty of Crpc used to deter false 498a lady as the Hon’ble SC held of sufficient provisions.
    We still want 498a law but with perjury clause with some improvements like no FIR in delayed 498a matter but only complaint case, Annexing of heinous offences like 307, 313, 306, 406, 379, 420, 464, 324, etc. only on the statements on solemn oath; Trial within 6 months; Mediation only before the judgement in 498a trial; If 498a lady wish during lodging of FIR for conjugal life then there shall be no immediate arrest besides matter to be sent for mediation etc. No conditional Bail in 498a case but only surety for appearance with same day bail etc.