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AIR 2017 SUPREME COURT 3869 ::AIR 2017 SC (Criminal) 1458
Supreme Court Of India
(From : Allahabad)*
Hon'ble Judge(s): Adarsh Kumar Goel, Uday Umesh Lalit , JJ

Penal Code (45 of 1860) , S.498A— Cruelty by husband and relatives - Misuse of S. 498-A - Directions to be followed. 'Expression 'cruelty' in Section 498-A covers conduct which may drive women to commit suicide or cause grave injury (mental or physical) or danger to life or harassment with view to coerce her to meet unlawful demand. It is a matter of serious concern that large numbers of cases continue to be filed under Section 498-A alleging harassment of married women. Most of such complaints are filed in heat of moment over trivial issues and are not bona fide. At times such complaints lead to uncalled for harassment not only to accused but also to complainant. Following areas appear to require remedial steps :- i) Uncalled for implication of husband and his relatives and arrest, ii) Continuation of proceedings in spite of settlement between parties since offence is non-compoundable and uncalled for hardship to parties on that account. To remedy situation, involvement of civil society in aid of administration of justice can be one of steps, apart from investigating officers and concerned Trial Courts being sensitized. It is also necessary to facilitate closure of proceedings where genuine settlement has been reached instead of parties being required to move High Court only for that purpose. Thus, after careful @page-SC3870 co....

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