498a Good News for the 498a accused.

Good News for the 498a accused.

Good news,  husband has been acquitted of the charge of 498a of indian penal code i.e. physically and mentally torturing his wife for dowry and 406 i.e. criminal breach of trust by a Delhi court. The noble court of  Metropolitan Magistrate Mona Tardi Kerketta said, the cause of dispute between them was incompatibility and quarrelsome nature of the woman.This has nothing to do with dowry demand cruelty 498a of indian penal code

Metropolitan Magistrate M.T. Kerketta absolved the Delhi resident of the charges under sections 498A i.e.cruelty in connection with dowry and 406 i.e.criminal breach of trust of  Indian Penal Code, while relying on statement made by the man and the children, who said the complainant had a temperament problem of the woman.

 The judge in the order said, "The court is of the view that the accused (husband) has been able to demonstrate that the root cause of dispute was incompatibility and quarrelsome nature of the complainant and not the demand of dowry,".

The family members of the husband who were also accused in the case (498a ipc), were earlier discharged by the court. While acquitting the man, the court also said that there was a delay in lodging the complaint too.

"Delay in lodging the FIR, more often than not, results in embellishment and exaggeration, which is a creature of an after thought," the court said. This can be found in my earlier post where Madhusudan Rao vs Andhra Pradesh govt in 304b of ipc.

"It is pertinent to note that in the present case, the complaint was made to police more than 18 days after she was allegedly thrown out of the house and about 15-16 years after cruelties, which are claimed to have been committed since the very beginning of the marriage.

The FIR had been lodged on 1-09-2006, the woman had lodged a complaint against her husband and in-laws for physically and mentally harassing her for dowry 498a of indian penal code.

I hail the justice for delivering the rational judgement in respect of the sensitive issue like this 498a indian penal code.