498A Cruelty Litigation

498 A cruelty

Section 498a IPC enacted in 1983, is generally known as the Dowery Law, which tries to protect married women from harassment by their spouses or relatives. This section 498a will I.P.C. only be invoked by the wife/daughter-in-law or a relative of the wife/daughter-in-law. Section 498 IPC requires the police to file charges against the husband, his parents, and various relatives/friends (anyone named on the grievance by the married lady or her family) and imprison them. I.P.C. 498a is here to safeguard you when it comes to dowry traditions. 498a is also known as the IPC dowry section, the IPC dowry harassment section, and the IPC dowry harassment.

PUNISHMENT FOR 498A :

498a punishment is as follows: – Husband or relative of husband of a lady subjecting her to cruelty. —being the spouse or the relative of the spouse of a lady, subjects such lady to cruelty shall be punished with imprisonment for a term which can be 3 years and shall also be liable to pay a fine.

Procedure to file a case of 498A-

1. Filing of Chargsheet.

2. Regular Bail o fall accused.

3. Plea Recording of all accused.

4. Chief of Complainant and her cross-examination.

5. Chief of witnesses and their cross-examination.

6. Statement of Accused and evidence and documents if he wants to file.

7. Final Argument.

8. Judgement.

498A QUASHING: 

When the wife does 498a misuse by filing a 498a false case, the husband can immediately file a petition for 498a quashing before Hon’ble High Court stating the reasons for 498a quashing.

If there is substantial evidence against the wife and from the prima facie study of FIR if it could be concluded that it was filed purposely, the court will immediately stay the charge sheet and call say of the wife and investigating officer.498A quashing should be filed before the chargesheet because primarily court refuses to 498a quash after chargesheet. The trial court's role starts since the chargesheet proves that the investigation officer completed the investigation and compiled all evidence. It creates a need to be testified before the trial court all the evidence and witnesses.

For more information and personal assistance in your case contact

Deepti Dogra and Associate

Phone no.-8989696931

Email- [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030