498a quash – delayed lodging of FIR

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: August 02, 2010
Date of Order: 10th August, 2010

Crl. M.C. No. 799/2009

SUDHIR KAPUR & ORS. ….. Petitioner Through: Mr.Sanjeev K. Grover, Advocate
versus
STATE & ANR. ….. Respondent Through: Mr. O.P. Saxena, APP Mr. Pawan Narang & Mr. Puskal Gagoi, Advs. for R-2

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?

JUDGMENT

1. Present petition has been filed for quashing of FIR No. 540/07, registered against the petitioner at P.S. Defence Colony, under Section 498-A/406/34 IPC .

2. The marriage between the petitioner and the respondent had taken place on 4th March, 1984. The parties started living separate from each other in 1992. The petitioner filed a divorce petition against the respondent in 1996. The present FIR was lodged against the petitioner by wife under Section 498A/406 IPC after about 15 years of living separate from her husband and after about 11 years of filing the divorce petition.

3. It is argued by counsel for the respondent/wife that offence under Section 406 IPC was also involved and the dowry articles etc. of the wife were not given back. This averment has no substance. The wife had all opportunities right from 1992 onwards to demand back her articles, if any, lying with the husband. The very fact that wife did not demand any article from the husband after 1992 till lodging of FIR shows that there was no entrustment of property by wife to the husband or to his relatives. After husband had filed divorce petition, she had again opportunity to make an application before the concerned court under Hindu Marriage Act for the return of dowry articles, Istridhan, if any, under section 27 of the Act. Had there been any article lying with the husband, she would have moved the application. She did not initiate any such move, nor did she serve any notice on her husband or in laws for return of any of her articles lying with them.
It is only when her appeal against the decree of divorce was dismissed by the High Court, and she preferred an SLP, she thought of lodging of an FIR also.

4. Under Section 468 of Cr. P.C., the cognizance of an offence where the maximum sentence of imprisonment is up to 3 years, can be taken within 3 years. Under Section 498A/406 IPC maximum sentence is up to three years imprisonment. Thus the cognizance of the offences against petitioner cannot be taken by the Court. The FIR lodged against the husband in respect of offences committed under Section 498A/406 IPC in 1992 or prior to that, is barred by limitation. I, therefore, allow the present petition and hereby quash FIR No. 540/2007, P.S. Defence Colony, New Delhi, registered under Sections 498A/406/34 IPC.

The petition stands allowed.

AUGUST 10, 2010 SHIV NARAYAN DHINGRA, J.

3 thoughts on “498a quash – delayed lodging of FIR

  1. Kind Attention
    To,
    The Incharge of the Department.
    Please help me. If required please send this mail to appropriate authorities. Mr. Shankar Kumar Samanta S.B.I. Officer purchased local Police, Please help me.
    Respected Sir,
    100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel’s and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally, and all time told that they kill me and my family. Dt. 06.08.2010 Case no.336 U/S: 147,148,448,325,379/34 Sandip Samanta, doing the case me and my family, and his evidence only his father, mother and his uncle, not a single man in my village for their evidence, it’s a 100% fabricated case.

    We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Learn” ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, (Smt. Nita Sarkar J.M. 1st Court Sealdah South 24 Parganas. Date 16/12/2009.) They take 4(four) Advocate at Sealdah Court. I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.

    After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.

    Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case.

    When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
    As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bharat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take proper investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I can’t get Judgment still now. I see they all are in sound asleep. The reason is best known to them.
    I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.

    With kindest regards,
    Dipak Kumar Adhikari

  2. sir
    i went to adgp crime with the report of recomendation of cancellation of fir against me us 420,120b after ur suggestion .they told me that the report for cancellation of fir has been sent to local ssp and ssp will move it to local court and after that judge will cancell it and after that i will get report of its cancellation .how long this procedure will be or is there any difficulty in local court sir plz tell me that which way is best either i will go to high court for quashing of my fir or wait for decision of local court. which is effective way because i have lost my confidence from local police can they do something wrong after the investigation by adgp crime who recomends to cancell the fir plz guide me sir i shall be thankful to you

  3. whatcan be possible compromise in sec498a ipc where evidence has been complited by whom is complent is file

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