Supreme Court Judgements on Quash of 498A Cases
Posted on February 22, 2024
Several Supreme Court judgments have provided guidelines and principles regarding the quashing of cases filed under Section 498A of the Indian Penal Code (IPC). Here are some significant judgments:
(2017) 3 SCC 821 – Rajesh Sharma & Ors. vs. State of U.P. & Anr. (2017): This case laid down guidelines to prevent the misuse of Section 498A. The court directed the formation of family welfare committees in every district to scrutinize complaints before arrests are made.
(2012) 10 SCC 741 – Geeta Mehrotra & Anr. vs. State of U.P. & Anr. (2012): The Supreme Court held that arrest in a dowry harassment case under Section 498A should be a measure of last resort and should only be made after the satisfaction of the necessity of arrest.
(2010) 7 SCC 667 – Preeti Gupta & Anr. vs. State of Jharkhand & Anr. (2010): The court observed that the tendency of implicating husband and his relatives in a dowry complaint is increasingly being observed. It was held that the court should be careful in proceeding against the accused.
2005 (6) SCC 281 – Sushil Kumar Sharma vs. Union of India (2005): In this landmark judgment, the Supreme Court observed that Section 498A is often misused and that stringent measures are required to prevent its misuse.
(2014) 8 SCC 273 – Arnesh Kumar vs. State of Bihar & Anr. (2014): The court emphasized the need to protect innocent persons from false complaints and observed that the police should not arrest the accused without conducting a preliminary inquiry.
These judgments highlight the need for caution and adherence to due process in cases filed under Section 498A to prevent the misuse of the provision. Courts have consistently emphasized the importance of ensuring that innocent individuals are not unfairly targeted and that the law is not misused to settle personal scores.
Article Written by
Pathakota Venkata Mohana Rao B.Com, LL.M
Advocate at High Court of Andhra Pradesh and Telangana
Designated Partner at VENSO LAW OFFICES LLP
Office No: +91 967 967 6450
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