Saturday, May 11, 2013

498a : vague allegations against every member of the family NOT acceptable - shiv narayan dhingra again !!



498a : vague allegations against every member of the family NOT acceptable  - 

Excerpts


IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 12.02.2007
Date of Decision: February 23, 2007
CRL.M.C.7262/2006
23.02.2007

Smt. Neera Singh ..... Petitioner
Through:Mr. L.B. Rai and Mr. V.K. Singh,
Advocates

versus

THE STATE (GOVT. OF NCT OF DELHI)andORS.....Respondents
Through: Mr. Vikas Arora, Advocate for respondent
Ms. Richa Kapoor with Ms. Sukriti Bhardwaj, Advocates for State.

CORAM: JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? YES.

2.To be referred to the Reporter or not? YES

3.Whether the judgment should be reported in the Digest? YES

SHIV NARAYAN DHINGRA, J

1. This petition under Section 482 of Cr.P.C. has been made on behalf of petitioner for quashing/setting aside the order dated 20th July, 2006 passed by learned Additional Sessions Judge, Delhi whereby the learned ASJ upheld the order of the Trial Court discharging appellants Bishan Pal Singh, Smt. Santosh Devi, Gajendar Singh and Toshan Singh. Bishan Pal Singh is the father-in-law of the complainant, Smt. Santosh Devi is the mother-in-law of complainant and Gajender Singh and Toshan Singh are the brothers-in-law (husband's brothers) of the complainant.


................ snipped .............

"....... 6. I consider that the kinds of vague allegations as made in the complaint by the petitioner against every member of the family of husband cannot be accepted by any court at their face value and the allegations have to be scrutinized carefully by the Court before framing charge. A perusal of the complaint of the petitioner would show that she made all kinds of allegations against her husband regarding beating, that her husband was having illicit relationship with 35 girls; he forced her to write suicide note, abused her, taunted her, threatened and told her that he was getting another bride of more richer family while she was in Rewari with her husband andshe made telephone call to her parents who came to Rewari and took her to parental home. She had also given phone to one of her friends Jigyasa. A perusal of the statement of Jigyasa would show that she told Jigyasa that it was her husband who was torturing her and behaving with cruelty. However, in her complaint, she made vague and omnibus allegations against every other family members. The statement made by her and other witnesses have been scrutinized by me, except vague allegations and allegations of taunting, there are no allegations of perpetuating cruelty on her by any of the four respondents in order to compel her to bring more dowry or any particular items.

............."


full order at :
https://docs.google.com/file/d/0B-JZGIVy-RW5dnY5cVVQdWxRQUk/edit?usp=sharing