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RAJESH SHARMA & ORS. vs. STATE OF U.P. & ANR.

SCR Citation: [2017] 9 S.C.R. 529
Year/Volume: 2017/ Volume 9
Date of Judgment: 27 July 2017
Petitioner: RAJESH SHARMA & ORS.
Disposal Nature: Directions Issued
Neutral Citation: 2017 INSC 683
Judgment Delivered by: Hon'ble Mr. Justice Adarsh Kumar Goel
Respondent: STATE OF U.P. & ANR.
Case Type: CRIMINAL APPEAL /1265/2017
Order/Judgment: Judgment
1. Headnote

Penal Code, 1860: s. 498A - Abuse of- Remedy - Held: Object of s.498A was to punish the cruelty at the handy of husband and his relatives - Large number of cases are .filed under !his section - Bui most of such complaints are filed in the heat of the moment over trivial issues - Many of such complaints are not bona fide - Uncalled far arrest pursuant thereto may ruin the chances .of settlement - The matter c has been considered by Law Commission, Malimath Committee, The D Committee of Petitions in Rajya Sabha and the Home Ministry - The abuse of the provision was noticed by Supreme Court in many judgements - Many High Courts issued directions to check such abuse - Uncalled for implication of husband and his relatives and their arrest and continuation of proceedings in spite of settlement between parties, require premedical steps ~ To remedy the situation, Investigating Officers and trial courts should be sensitised, civil . society should also be involved in the aido.f administration of justice and in case of genuine settlement, closure of the proceedings should be facilitated - Directions issued in this respect - Direction lo National Legal Services Authority to give a report, after seeing the working .of arrangement as per the above directions. 

2. Case referred
3. Act
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4. Keyword
  • Penal Code
  • 1860: s. 498A - Abuse of- Remedy - Held: Object of s.498A was to punish the crnelty at the handy of husband and his relatives
5. Equivalent citation
    Citation(s) 2017 AIR 3869 = 2018 (10) SCC 472 = 2018 (10) Suppl. SCC 472 = 2017 (7) JT 292 = 2017 (7) Suppl. JT 292 = 2017 (8) SCALE 313