MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

Discharge of relatives of S.498a with Section 482 Cr.P.C

Punjab Haryana High Court

Mukesh Rani
State of Haryana

Advocates Appeared:
For the Mr. Ramesh Hooda, Advocate.
For the , Mr. G.P.S. Nagra, AAG, Haryana.

Nirmal Singh, J. –

This is a petition under Section 482 Cr.P.C. for quashing the impugned order Annexure P-1 vide which respondents 2 and 3 were discharged by the Sub-Divisional Judicial Magistrate, Gohana vide order dated 24.4.1996 Annexure P-2 vide which the revision petition filed by the State has been dismissed by the learned Additional Sessions Judge, Sonepat.

2. The facts of the case are that on the complaint of Mukesh Rani a case under Sections 406, 498-A, 323, 506, 34 IPC was registered against Sukhdev, Krishan, Bharto, Kalawanti and Ram Niwas, on the allegations that they have been harassing the complainant for bringing Refrigerator, Scooter and cash amounting to Rs. 50,000 for the purchase of land. After the completion of the investigation, a report under Section 173 Cr.P.C. was presented before the Illaqa Magistrate. The learned Judicial Magistrate, after perusing the evidence on record discharged Ram Niwas and Kalawanti whereas other accused were charge sheeted under Sections 498-A, 406, 323 506, 34 IPC. Aggrieved by the order of discharge, the State preferred a revision petition which came up for hearing before the Additional Sessions Judge, Sonepat who vide order dated 26.3.1998 dismissed the revision petition. Aggrieved by the orders of Courts below the present petition has been preferred.

3. I have heard Shri Ramesh Hooda, learned counsel for the petitioner and perused the record.

4. Shri Hooda, learned counsel for the petitioner submitted that the impugned orders are palpably erroneous. He submitted that at the time of framing the charge, the Courts are not to see whether the accused is to be convicted or to be acquitted. He submitted that at the time of framing the charge, only a prima facie case is to be seen. If from the evidence on record, a prima facie case is made out, then a charge is to be framed. He submitted that from the evidence on record, it has transpired that there is a prima facie case against respondents 2 and 3. He submitted that the petitioner was harassed by the respondents No. 2 and 3 alongwith their co-accused on account of demand of dowry. They were demanding scooter and refrigerator. He further submitted that the dowry articles have been recovered from the house of respondent No. 2. He submitted that these facts have been overlooked by the learned trial Court.

See also  498A Quash - Baseless alegations

5. After hearing the learned counsel of the parties, I am of the considered opinion that there is no illegality or irregularity in the impugned order. There is no dispute regarding proposition of law putforth by the learned counsel for the petitioner that at the time of framing the charge, the trial court is not to go into the merits of the case and only a prima facie case is to be seen. At that stage, it is not to be seen whether the accused is to be convicted or to be acquitted. At the same time, if the allegations are vague and from the complaint itself, if shows that the accused has been falsely implicated then the charge is not to be framed. If the charge is framed it will tantamount to abuse of the process of the Court. Reliance can be placed upon Satyabir Singh and others v. State of Haryana and another, 1993(2) RCR(Crl.) 520 (PH) : 1993(2) CLR 249 , Parveen Kumari v. State of Punjab and others, 1994(1) RCR(Crl.) 407 (PH) : 1994(1) CLR 53 , Madhu Bala Mahajan v. Sunayana Mahajan, 1991(2) CLR 227.

6. In the instant case respondent No. 2 is the husband of respondent No. 3 and respondent No. 3 is the sister of husband of the complainant. In the FIR, it has not been specifically mentioned what dowry articles were entrusted to respondents 2 and 3 at the time of marriage. If no article has been entrusted to respondents 2 and 3, then no case under Section 406 is made out. It is also not the case of the complainant that respondents 2 and 3 are residing with the husband of the complainant. The respondents have placed on record the document showing that they are employed as teachers and are living separately in village Bambla from the complainant and her husband Satyadev. Even on the date when the alleged occurrence took place respondents were present in their school i.e. on 7.1.1994.

See also  MLC - Medico Legal Case - Help Me MyNation Templates.

7. The provisions of Sections 498-A, 304-B IPC and 113-A and 113-B in the Evidence Act were added by the legislature, in its wisdom, for the protection of women but these provisions are being mis-used day in and day out. Whenever there is a matrimonial dispute between husband and wife, for the fault of the husband, other relations of the husband i.e. brothers, sisters and parents, are also roped in the litigation on the allegation of demand of dowry, whether they are living joint or separate. Sometimes, the parents who are aged about 80 to 90 years and unable to walk or talk and the sisters living at far off places in the matrimonial house are also involved. In such like situation, the courts while framing charge should be very cautious. Charge should be framed when there is cogent and convincing evidence. If on the face of the complaint it shows that complaint is false, charge should not be framed. In the instance case, there is evidence that respondent No. 3 who is the sister of the husband of the complainant was living separate with her husband-respondent No. 2 in a different village and were employed as teacher, therefore, the learned trial Court has rightly discharged respondents 2 and 3 by observing as under :- “I am of the considered opinion that the prosecution has failed to bring a prime facie case against these two accused persons particularly when there is no statement of any eye witness of the public of village Jasrana u/s 161 Cr.P.C. to support the contention of the complainant, about the presence in the village Jasrana, while they are serving as teacher in Distt. Bhiwani, prior to the marriage of the complainant with accused Satyadev, as stated by them, at the bar, so the authorities of law quoted by ld. APP as 1986 AIR 2046, 1989(2) CLR 430, (sic) 1980 SC 52 and 1999(2) CCJ 480 are not applicable to the facts of the present case with regards to the aforesaid two accused persons for which, relying upon the authorities of law quoted by ld. defendant counsel referred to above, both the said person namely Ram Niwas and Kalawati are hereby discharged.”

See also  Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

For the reasons mentioned above, there is no ground to interfere in the well reasoned orders passed by the learned Courts below. Hence this petition is dismissed.

Petition dismissed.

Leave a Reply

Your email address will not be published. Required fields are marked *

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Important SC/HC Judgements on 498A IPC
Rules and Regulations of India.


CopyRight @ MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

See also  Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson
MyNation FoundationMyNation FoundationMyNation Foundation