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physical harassment

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MISUSE OF SEC.498A- There are no specific allegations of any of the petitioners herein subjecting the second respondent to harassment by way of beating or abusing her, much less demanding to bring Rs.1.00 lakh towards additional dowry. If the alleged additional dowry is brought, then none of brothers, sisters and brothers-in-law would be beneficiaries and they would not get any share in that additional dowry. 4. The Supreme Court in Preeti Gupta v. State of Jharkhand1 took note of the fact on some unscrupulous wives putting all family members of the husband to harassment by way of giving report alleging offence under Section 498 (A) IPC. The Supreme Court pointed out role of the courts as follows: “At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion.” 5. The Supreme Court also pointed out role of advocates and also need for change of legislation on this aspect. If allegations in the report given by the second respondent are scrutinized with pragmatic approach contemplated by the Supreme Court, it is evident that general and omnibus allegations are made against all the petitioners who are residents of different places and different localities including a brother who is no more even by the date of giving report by the second respondent to the police. Such indiscriminate activity on the part of the second respondent, cannot be supported by this Court. Registration of case on report of the second respondent by the police against the petitioners herein is nothing short of abuse of process of criminal law.

THE HON’BLE SRI JUSTIC SAMUDRALA GOVINDARAJULU Criminal Petition No.4277 of 2009 01-10-2010 Shaik Kaleemullah & 9 others. The State AP, rep. by its P.P. High Court of A.P., Hyderabad, Through P.S. Town IV, Nizamabad and another. Counsel for the petitioners: Sri Nazir Ahmed Khan Counsel for respondent No.1: Additional Public Prosecutor Counsel for respondent No.2: … Continue reading

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