Preeti Gupta Vs. State of Jharkhand
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Head Note
Indian Penal Code,1860 - Section 498-A
Dowry harassment - Legislature asked to amend the provision of Section 498A on following grounds - 1. 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. 2. Large number of complaints are not bonafide and are filed with oblique motive - At the same time, there is rapid increase in number of genuine cases of dowry harassment. 3. In cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether - The process of suffering is extremely long and painful. 4. 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.
The Code of Criminal Procedure, 1973 - Section 482 , Indian Penal Code,1860 - Section 498-A
Complaint by wife under Section 498A Indian Penal Code and Dowry Prohibition Act against her husband, his mother, father, brother and his married sister - Sister lived in Gujarat and brother lived in Maharashtra - They never lived with complainant and her husband - Complaint qua brother and sister quashed - Held - Their implication in the complaint is meant to harass and humiliate the husband's relatives - This seems to be the only basis to file this complaint against the appellants - Permitting the complainant to pursue this complaint would be an abuse of the process of law.
Topic(s)-Dowry Harassment