SC ENSURED JUSTICE IN SECTION 498A IPC CASES

by | Apr 21, 2024

ASPECTS DETAILS
Case Title PARTEEK BANSAL vs. THE STATE OF RAJASTHAN & ORS.
Introduction Supreme Court imposes Rs 5 lakh cost on wife’s father for filing false cases at different places to harass husband.
Factual Background Marriage between appellant (husband) and respondent (wife), who was a Deputy Superintendent of Police. Complaints were registered at Hisar and Udaipur by the wife’s father against her husband under Section 498A IPC. Hisar Court acquitted the husband, but the case in Udaipur continued.
Legal Issues High Court’s refusal to quash the FIR registered at Udaipur.
Applicable Law Section 498A IPC – Husband subjected wife to cruelty.
Analysis High Court erred in not considering the earlier case at Hisar, Rajasthan Police were aware of the Hisar case. The wife and father misused their official position to harass the husband.
Conclusion Supreme Court allowed the husband’s appeal and quashed the FIR at Udaipur with a cost of Rs. 5,00,000.
Current Scenario Cost of Rs. 2.5 Lakhs given to the husband, rest to the Supreme Court Legal Services Committee.

CASE SUMMARY – The Supreme Court imposed a Rs. 5 lakh cost on a wife’s father for filing false Section 498A IPC cases against the husband at different places to harass him. Despite the Hisar Court acquitting the husband, the case in Udaipur continued. The High Court’s refusal to quash the Udaipur FIR was found erroneous, as the Rajasthan Police was aware of the Hisar case. The Court noted the misuse of official positions by the wife and her father. Consequently, the Supreme Court quashed the Udaipur FIR and directed the cost to be divided between the husband and the Supreme Court Legal Services Committee.

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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