Misuse and abuse of 498a ipc exposed again | Delhi court says Dowry law cannot be harassment tool and orders investigation against woman for falsely implicating husband
Submitted by IANS on 23 March 2014
New Delhi: A court here has observed that dowry prohibition law cannot be allowed to become a tool for harassment.
Granting relief to a man, who was booked in a dowry harassment case by his wife, the court ordered investigation against the complainant for filing a false case.
The man's wife in July 2012 filed a first information report (FIR) against him in a South Delhi police station, alleging that he demanded dowry and subjected her to cruelty, which resulted in her miscarriage.
Police investigated the complaint and filed a cancellation report, giving a clean chit to the accused.
Metropolitan Magistrate Shivani Chauhan, accepting the cancellation report of Delhi Police, said Sections 498A (subjecting woman to cruelty) and 406 (criminal breach of trust) and Dowry Prohibition Act are special legislations enacted for the "protection of women" and have serious penal consequence for the offender.
"Under no circumstances can it be permitted to become a tool for harassment of innocent persons," the magistrate said.
"There is a enough material on record to show that the complaint was false and fabricated."
During the investigation it was revealed that it was the woman's second marriage and there was no evidence of dissolution of the first.
The woman alleged cruelty by the man which had resulted in her miscarriage. But the court noted that the investigation report showed she had voluntarily got the medical termination of her pregnancy.
It was observed the woman had mentioned the name of the other man in the medical report. The bills of hospital were cleared by the other man.