The Patna High Court in its order dated April 19, 2024 has generously directed two judicial officers to pay Rs 100 each to a man, for wrongly subjecting him to trial under Section 498-A IPC.
According to this section in the law, a married woman can charge every single family member/relative of the husband for cruelty, however, after the trial, it was learnt that the accused man in this case was not related to the husband, reported LiveLaw.
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Case:
In 2004, a married woman had filed a case under Section 498-A IPC against her husband and in-laws. Accused number 4 was another gentleman named ‘S’ who was a mere advisor to the husband’s family, however, in no way he was related to them.
In 2011, the Additional Sessions Judge, Samastipur convicted S under Sections 498A of the IPC and Section 4 of the Dowry Prohibition Act and he was sentenced to an imprisonment for three years along with a fine of Rs. 1,000.
In June 2016, the Additional Session Judge III, Samastipur, upheld this trial court order, post which the same was challenged in the Patna High Court.
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Patna High Court
At the outset, Justice Bibek Chaudhuri of the Patna High Court observed that the revisionist was not a relative of the complainant woman’s husband, but only an advisor of other accused persons.
Since the High Court wanted to pass a strong message against wrongful judicial inquiry, Justice Chaudhuri ordered a “token” of Rs 100 each to be paid by by the Judicial Magistrate, Sri Ramanand Ram, SDJM, Dalsingsarai- Samastipur and Hanuman Prasad Tiwari, Additional Sessions Judge Samastipur.
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The judicial officers were given a period of 3 weeks to deposit this fine money in the Criminal Cash Section of the Chief Judicial Magisterate, Samistipur.
The High Court remarked:
The revisionist was made to suffer a criminal trial which is not maintainable against him and he was compelled to be confined in the correctional home at different points of time.
Commenting on the quantum of fine ordered, Justice Chaudhuri said:
I have consciously issued the order for payment of compensation directing the concerned Judicial Officers to pay a token amount, because in the instant case, compensation is not accessed based on mental agony and trauma and social ignominy suffered by the petitioner due to seer lackadaisical approach of both the courts below.
The amount of compensation is fixed as a token in order to remind the concerned Judicial Officers that before taking cognizance and also during judicial inquiry and trial, it is their bounden and obligatory duty to go through the complaint carefully and then to take cognizance and proceed against the accused persons in accordance with the law.
Subsequently, the accused man was acquitted from all the said charges – after a period of 20 years.
Voice For Men India Opinion:
- The Judicial system is India is meant for Justice and yes Justice is pronounced sooner or later
- However, the timelines and the number of years spent by falsely accused litigants is beyond the measurable scope of how Justice should be defined
- This was a simple case, where prima facie the man should have been acquitted, since he was not even related to the complainant woman’s husband
- However, the system which is flooded with millions of cases, hardly has time to even hear and comprehend what the man had to say
- 20 years or two decades is half a lifetime for many of us
- The amount of time, money, effort spent all these years only to clear your name from a false criminal case, is not just traumatic but but even scarring
- The judicial system in India is heading towards a space, where the ones abusing the law are doing it without any fear, and only the law fearing ones are getting trapped for life
Investigate All Cases Thoroughly Before Filing FIR Under Section 498-A IPC: Haryana DGP To Senior Police Officers
Section 498A in The Indian Penal Code, 1860
498A. Husband or relative of husband of a woman subjecting her to cruelty.—
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.Explanation.— For the purpose of this section, “cruelty” means—
(a)any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b)harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
DO WATCH:
Can Mother-in-Law Be Charged Under 498-A For Interfering In Household Work? | Madhya Pradesh HC
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READ ORDER | Patna High Court Fines Rs 100 Each To Two Judicial Officers For Wrongful Trial Under Section #498A IPC
— Voice For Men India (@voiceformenind) April 25, 2024
▪️The acquittal comes after 20-years, as the case was filed by complainant woman in 2004#VoiceForMen https://t.co/vz4G9gxRvI
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