Skip to main content

Police Machinery Can’t Be Utilised To Hold Husband At Ransom


In AMRITPALSINGH MAHENDRASINGH KALER vs DALJITKAUR W/O. AMRITPALSINGH MAHENDRASINGH KALER, the respondent No.1 got married with the applicant No.1 herein on 27th November 2013. The marriage was solemnized at Delhi. The first informant left the matrimonial home on 5th December 2013, as according to her, she was being harassed and there was a demand of Rupees Ten lac. After leaving the matrimonial home on 5th December 2013, an F.I.R. was lodged at the concerned police station on 5th February 2014. Within two months thereafter, the police filed chargesheet for the offence enumerated above. The first informant has alleged that soon after marriage, the applicant No.1 – husband told her that he was not interested in the marriage and had married with the first informant only for the purpose of money. The allegations against the applicants Nos.2 and 3 i.e. the father­in­law and mother­in­law are that of instigating the husband.

The husband had approached the high court seeking to quash FIR filed against him by his wife for the offence punishable under sections 498A, 506(2) and 294B read with 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

The High Court of Gujarat while quashing a case against the husband filed by his wife, was critical of using the police machinery for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends.

The court held that the case appears to be one of a serious maladjustment in the marital life. The wife, as usual, has levelled wild and reckless allegations of harassment and cruelty not only against the husband, but even against the father-in-law and mother-in-law. The allegations do not inspire any confidence worth the name. In my view, continuation of the criminal proceedings will be nothing, but an abuse of the process of law.

The judge while quashing the case against the husband, further observed that, if the court is convinced by the fact that the involvement by the complainant of all close relatives of the husband, including the husband is with an oblique motive, then even if the FIR and the charge sheet disclose commission of a cognizable offence, the court, with a view to doing substantial justice, should read in between the lines the oblique motive of the complainant and take a pragmatic view of the matter. The first thing that comes in the mind of the wife, her parents and her relatives is the police, as if the police is the panacea of all evil. No sooner the matter reaches the police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed.

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...
3 comments
Read more

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...
5 comments
Read more