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Rachit Malhotra, a Hindu who lives in Jaitpura, is a senior HR Manager by profession. Upon completion of his studies, he picked up a job with one of the leading Multi-National Companies. Due to his dynamic leadership skills, he is promoted to Vice President in no time. Kanupriya Singhania, a Hindu born and brought up in New Delhi. She was pursuing her Bachelors in Law from Jaitpura. One day her father suddenly fell ill. Her father expressed his last wish was to see her get married and have a family of her own. Even though Kanupriya was not mentally prepared to get married, she gave in to her father’s wishes and consented to get married. Rachit and Kanupriya’s marriage was solemnized on 10.04.2003 at Jaitpura as per Hindu rites and rituals under Hindu Marriage Act 1955. At the time of marriage, Kanupriya had expressed her desire to continue with her education after their marriage, to which no one from the Rachit family expressed any approval to it, at that moment. After marriage, Kanupr
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STATE OF RAJASTHAN……………………...…….………………………... The Prosecution v. RACHIT AND OTHERS.………………………...………............................ Defendent
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1.1 WHETHER THE PRESENT COMPLAINT IS MAINTAINABLE OR NOT. 1.2 WHETHER THE PRESENT COMPLAINT OF CRUELTY WAS TRU OR NOT 1.3 WHETHER THE PRESENT COMPLAINT OF MENTAL HARASSMENT WAS TRU OR NOT 1.4 WHETHER THE PRESENT COMPLAINT OF GRIEVOUS HURT IS TRUE OR NOT? 1.5 WHETHER THE PRESENT ALL ALLEGATIONS ARE FALSE OR DISCHARGE OF DEFENDENT? 2.1 WHEATHER THE THE PROSECUTION IS GUILTY FOR SEC 308 OF IPC? 2.2 WHEATHER THE THE PROSECUTION IS GUILTY FOR SEC 506 OF IPC? 2.3 WHEATHER THE THE PROSECUTION IS GUILTY FOR INSTITUTING FALSE CRIMINAL PROCEEDINGS UNDER IPC? 2.4 WHEATHER THE THE PROSECUTION’S MOTHER IS GUILTY FOR SEC 208 OF IPC
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Case Referred-
**1. Rishi Pal vs Laxmi Devi and another
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The prosecution has approached the Hon’ble court u/s 177 the defence submits that there has been no offence committed by the defence and the court has no jurisdiction to try the matter.
10 It was the daily routine of Kanupriya to go and come with that guy only from the office. Her Mother in law many times objected to this thing that she is a daughter-in-law of a reputed family and these activities give a bad impression of the family in Society. On 09.10.2009, When this fact came to the knowledge of Rachit, he objected Kanupriya to having any companionship with that person and he yelled at her I gave you the freedom to do these activities. Kanupriya responded by yelling at her husband and her mother-in-law and saying ‘ I won’t let you both live happily, both of you want to take my freedom ’ and in anger took a Flower Vase and hit her mother in Law, to which Rachit slapped Kanupriya. Thereafter Kanupriya left the home of her Husband and her Mother Registered an FIR on 01.12.2009 against Rachit and his relatives for Cruelty, Mental Harassment, and Hurt and prayed for Divorce of her Daughter on the above-mentioned Grounds. The matter was Investigated by the Malviya Nagar Police Station, and the charge sheet was submitted on 03.04.2010 to Judicial Magistrate No. 15 Jaipur for the offenses of Cruelty, Mental Harassment, and Grievous Hurt and Magistrate took Cognizance, and now the case is pending.
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The following issues are presented before the court in the instant matter-
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1.1 WHETHER THE PRESENT COMPLAINT IS MAINTAINABLE OR NOT. The present complaint is not maintainable as the same has been filed after 2 MONTHS of separation between the parties and without any sufficient grounds for delay in filing the present compliant on behalf of the applicant. after filling fir against Kanupriya they filling false fir on my clint because their family would not see living them happy, Kanupriya state that ‘I won’t let you both live happily, both of you want to take my freedom ’ its shows intention of the prosecution is only intimidation my clint nothing else. Rishi Pal vs Laxmi Devi and another^1 1 The trial Court was right in holding that the appellant had deserted her husband without any sufficient cause. According to the wife, she had left the house about four years before the filing of the petition. Consequently, the findings recorded by the trial court are affirmed. In the result, there is no merit in the appeal and the same stands dismissed with no order as to costs.” Therefore, even if the ground of desertion and mental harassment is not proved, still on proved facts, the appellant was entitled to decree of divorce on the ground of cruelty.^2 1.2 WHETHER THE PRESENT COMPLAINT OF CRUELTY WAS TRU OR NOT Under section 498a of IPC defines “cruelty” as the act of inflicting physical or mental harm on a woman’s body or health and forcing her or her relationship to engage in acts of harassment aimed at forcing her to comply with any illegal demands. Cruelty is considered as a ground for divorce in various laws. Often wife and their relatives take advantage of this ground in order to use it as a powerful weapon to threaten husband and their relatives. Some provisions under different laws are: · Section 13 of The Hindu Marriage Act, 1955: Under section 13 of The Hindu marriage act, cruelty is a ground for divorce. · Section 27 of The Special Marriage Act, 1954, provides for 12 grounds for divorce. One of them is cruelty. · Section 2 of The Dissolution of Muslim Marriages Act, 1939 also provides for dissolution of the marriage on the ground of cruelty. · Section 32 of The Parsi Marriage and Divorce Act, 1936, provides for 11 grounds for divorce. One of them is cruelty. · Section 10 of The Indian Divorce Act, 1869, provides for 7 grounds of dissolution of marriage of Christians. One of them is adultery coupled with cruelty. Every law has its backside. People often tend to mis-use laws to satisfy their personal needs while ignoring the main purpose for which the law was enacted. Now a days, the laws which were enacted to prevent the interest of women act as a strong weapon of harassment and cruelty against men. Though it is the women who have always been subjected to (^1) on 27.08. (^2) Source https://indiankanoon.org/
14 be tortured and harassed by the husband and relatives, in fact saying this will not be proper as cases of torture and harassment against the husband by the wife is increasing day by day. demands without any sufficient grounds Hence, the present compliant is untenable in law. Gudivada Venkateshwara v. Gudivada Nagamani,^3 Held that Making false allegations by wife against the husband amounts to mental cruelty. In order to consummate marriage, ordinary and complete sexual intercourse must take place. K Sunitha VS K Srinivas the Supreme Court was expressing its opinion observed that where a woman comes to the Court alleging that her husband or his relatives are liable for cruelty under Section 498 A of the Indian Penal Code and the Court finds that such allegation is false, the husband can seek divorce on that ground.^4 1.3 WHETHER THE PRESENT COMPLAINT OF MENTAL HARASSMENT WAS TRU OR NOT Section 498A of IPC. This section covers the cases where there is the infliction of physical or mental harassment on a married woman by her husband or in-laws. Explanation ( 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. On these grounds the prosecution have not any evidence of mental harassment that such allegation is false according to This is the sorry state of affairs, very common in our country. Fake cases are the weapons extensively used by women to blow men out.^5 o 84.4% - Acquittal Rate in 498A cases o 73.4% - Acquittal Rate in Rape cases o 82% - Acquittal Rate in Dowry Death cases The above data is just the tip of the iceberg of the atrocities that men are facing in the current judicial system of India. Women, especially wives (of course evil-minded ones) are making the laws, a potent weapon against their husbands to make them " fall into their lines ". These pseudo-feminist women use the laws as the GUN-POINT and make men follow "My way or JAIL-WAY (Highway is old-fashioned now)" diktat. Pink-collar crime - The term pink-collar crime was popularized by Dr. Kathleen Daly during the 1980s to describe embezzlement type crimes that typically were committed by females based on limited opportunity.^6 Sh. Prem Kumar Solanki vs Bses Rajdhani Power Ltd^7 (^3) AIR 1962 AP 151 (^4) AIR 2003 AP 5 Data from http://www.shoneekapoor.com/ 6 embezzlement-related crimes (^7) on 14 October, 2009
16 case no Court would possibly come to a conclusion that the accused were guilty. (3) Another case to which ... case in which one Bai Parvati was accused of having attempted to commit murder by pushing another woman Jadav. Ravji and Ram Chandra vs State Of Rajasthan 13 murder perpetrated on the appellant's pregnant wife and three minor children and also attempt to murder his own mother ... minor children and attempt to murder his mother, further attempt to murder Smt. Galal and the murder of Gulabji. 1.5 WHETHER THE PRESENT ALL ALLEGATIONS ARE FALSE OR DISCHARGE OF DEFENDENT? there is not any sufficient ground and evidence which proved that my clint is guilty for a single allegation arise by the prosecution on my mental harassed my clint, so that I would to request to dis-charge my clint for these false allegations. Section 227 of the Code of Criminal Procedure provides that if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. P. Vijayan vs State Of Kerala And Anr. 14 filed by the the prosecution herein seeking his discharge under Section 227 Cr.P.C. 2. I heard Advocate Sri. Raja ... Cr.P.C. occurs after Section 227. Sub-section Saraswathi Devi vs State & Anr^15 2018 By the instant criminal revision petition under Section 397 read with Section 401 Cr.P.C., the prosecution-complainant ... Court, after hearing arguments on charge, while resorting to Section 227 Cr.P.C., discharged the accused-Defendent for offences. 2 WHEATHER THE THE PROSECUTION IS GUILTY OR NOT? 2.1 WHEATHER THE THE PROSECUTION IS GUILTY FOR SEC 308 OF IPC? She took a Flower Vase and hit her mother-in-Law that is offence under- Section 308 of the IPC, attempt to commit culpable homicide “Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder”, he shall be charged under Section 308 of the IPC. Vishal Chaudhory vs State (Home Department)Ors (^13) on 5 December, 1995 (^14) on 4 July, 2007 (^15) on 5 March, 20 05
17 causing hurts to extort c etc.etc. were registered, starting from ... voluntarily causing hurts to extort property, mischief, attempt to commit culpable homicide & attempt to murder.^16 Om Parkash vs The State Of Punjab^17 said with respect to the offence of attempt to commit culpable homicide punishable under s. 308
. An attempt to commit ... that attempt. It should follow that the ingredients of an offence of attempt to commit culpable homicide not amounting THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 Sec 24 Exposure and abandonment of senior citizen. — Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousands rupees or with both. Sec 25. Cognizance of offences.— ( 1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable and bailable. 18 Rajkumar.P.I vs State Of Kerala Section 24 of the Act deals with punishment for exposure and abandonment of senior citizens. It says that whoever ... protection of senior citizens, leaves such senior citizens in any place with the intention of wholly abandoning, the offender shall Pramod Ranjankar vs Arunashankar 19 exposure and abandonment of senior citizen which is reproduced as under: "24. Exposure and abandonment of senior citizen. -- Whoever, having ... senior citizen, leaves such senior citizen in any place with the intention of wholly abandoning such senior citizen, Sri. Tejas Mehta And Another vs The State Of Telangana And Another on 21 June, 20 24 Exposure and abandonment of senior citizen. --Whoever, having the care or protection of senior citizen, leaves such senior citizen ... place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description (^16) on 5 April, 20 09 (^17) on 24 April, 1961 (^18) THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 (^19) Wps/4633/ 1999 S. ... on 18 July, 1999
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False charge of offence made with intent to injure. — Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.^24 The court held that the investigating officer cannot be prosecuted with false allegation under Section 211 of the IPC, even though the accused got acquitted. Also held that the prosecution does not have to undergo any inquiry and the summons issued by the lower court to the the prosecution quashed.^25 Abdul Rehman & Ors vs K.M.Anees-Ul-Haq offences punishable under Sections 211, 500, 109, and 114 read with Section 34 of Indian Penal Code, 1860 was barred ... affirmative, whether the offence under Section 211 of the Indian Penal Code attributed to Trivedi could be regarded as having^26 2. 4 WHEATHER THE THE PROSECUTION’S MOTHER IS GUILTY FOR SEC 208 OF IPC Facts that Her Mother Registered an FIR on 01.12.2009 against Rachit and his relatives for Cruelty, Mental Harassment, and Hurt and prayed for Divorce of her Daughter on the above-mentioned Grounds whether Kanupriya also aware of law and she herself logged FIR.^27 Her mother is guilty for IPC Section 107 - Abetment of a Thing According to Section 107 IPC, A person is said to abet the doing of a thing, who First: Instigates any person to do that thing.^28 Section 109 IPC Explained This particular Section 109 of the Indian Penal Code specifies that if no separate or particular provision is provided for the punishment of abetment of (^24) Indian penal code 1860 (^25) Radhika v. Wilson Sunderaraj (^26) on 14 November, 2011 (^27) fact (^28) Bare act of ipc
20 an offence , then, the same shall be punishable with the punishment provided for the original offence in the IPC. Punishment of Abetment under Section 109 that the the prosecutions ever abetted commission of the suicide of the deceased. The term “abetment” is defined under Sec.107 IPC. Explanation 2 read along with Sec.306 IPC and the statement of the...A. Hari prasad, J.:— Bail application filed under Sec.438 Cr.P.C2. The prosecutions are accused nos. 1 and 2 in Crime No. 569 of 2015 of Nedumudi Police station registered for the...offence punishable under Sec.306 read with Sec.34 of the Indian Penal Code. Originally the case was registered under Sec.174 Cr.P.C Later, the investigation revealed that the the prosecutions, 29 Kanubhai Tapubhai v. State Of Gujarat Ms.Krina Thakkar for the the prosecutions is that even if the case of the prosecution is accepted substantially on facts, even then, there is no element of abetment within the meaning of sec.107 of IPC emerging..., the prosecution is supposed to bring cogent facts/evidence by which prima facie the Court can gather that there is an element of abetment as defined under Sec.107 of IPC. 7(i) To.... This section is to be read in reference to Sec.107 of IPC because a person abets the offence who abets either in commission of the offence or commission of an act which would be an offence^30 (^29) Ratheesh v. State Of Kerala (^30) AIR 1998 13 JUNE
