Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 498A - Abuse of- Remedy - Held: Object of s.498A was to punish the crnelty at the handy of husband and his relatives Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Penal Code, 1860: s. 498A - Abuse of- Remedy - Held: Object of s.498A was to punish the cruelty at the handy of husband and his relatives - Large number of cases are .filed under !his section - Bui most of such complaints are filed in the heat of the moment over trivial issues - Many of such complaints are not bona fide - Uncalled far arrest pursuant thereto may ruin the chances .of settlement - The matter c has been considered by Law Commission, Malimath Committee, The D Committee of Petitions in Rajya Sabha and the Home Ministry - The abuse of the provision was noticed by Supreme Court in many judgements - Many High Courts issued directions to check such abuse - Uncalled for implication of husband and his relatives and their arrest and continuation of proceedings in spite of settlement between parties, require premedical steps ~ To remedy the situation, Investigating Officers and trial courts should be sensitised, civil . society should also be involved in the aido.f administration of justice and in case of genuine settlement, closure of the proceedings should be facilitated - Directions issued in this respect - Direction lo National Legal Services Authority to give a report, after seeing the working .of arrangement as per the above directions. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2017 INSC 683 |
Petitioner | Rajesh Sharma & Ors. |
Respondent | State Of U.p. & Anr. |
SCR | [2017] 9 S.C.R. 529 |
Judgement Date | 2017-07-27 |
Case Number | 1265 |
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