Latest news with #SatishCSharma
Time of India
3 days ago
- Time of India
SC: Cop pulling in-laws into cruelty case unfortunate
NEW DELHI: Expressing concern over misuse of Sec 498A of IPC that criminalises cruelty in matrimonial homes and dowry harassment, Supreme Court has quashed a case lodged 23 years ago by a Delhi Police woman sub-inspector against her husband, a colleague, and his entire family. Allowing the husband's appeal and quashing the case, a bench of justices B V Nagarathna and Satish C Sharma exercised SC's exclusive powers under Art 142 of the Con-stitution to quash the FIR lodged in 2002 at Malviya Nagar in Delhi and the charge sheet filed against the policeman, his parents and five sisters. "It is rather unfortunate that the complainant being an officer of the state has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as accused," it said. 'Growing tendency to misuse legal provisions' Writing the judgment, Justice Sharma said: "Even if the allegations and the case of the prosecution is taken at face value, apart from the bald allegations without any specifics of time, date or place, there is no incriminating material found by the prosecution or rather produced by the complainant to substantiate the ingredients of 'cruelty' under Section 498A IPC." The court said there were genuine cases of dowry harassment and cruelty in matrimonial homes but flagged the "growing tendency to misuse legal provisions" by women to rope in relatives of their husbands. The man and woman, both sub-inspectors in Delhi Police, had got married in Feb 1998 as per Buddhist rites. Alleging persistent torture for more dowry ever since the solemnisation of marriage, the woman lodged a police complaint in July 2002. A chargesheet was filed against the man and his relatives in July 2004. The magistrate had framed charges in June 2008.
Time of India
5 days ago
- General
- Time of India
Married woman can't accuse man of rape on promise of marriage: SC
NEW DELHI: SC has ruled that a married woman cannot accuse a man of rape on promise of marriage while her own marriage is still subsisting, and quashed a rape case filed by her against a man. The case involved a Muslim woman, mother of a four-year-old, residing at her parents' home in Maharashtra's Satara. She developed a relationship with her 23-year-old neighbour, a BSc student. In her police complaint alleging rape on the promise of marriage, she claimed that the man maintained a physical relationship with her from June 8, 2022, to July 8, 2023, assuring her repeatedly that he would marry her after her divorce. She obtained a 'khulanama' (divorce) from husband only on Dec 29, 2022. After FIRs were lodged, the man approached HC for quashing the case, but failed. He moved SC, where a bench of Justices B V Nagarathna and Satish C Sharma found inconsistencies in the woman's narrative and conduct. "The complainant alleged the appellant had physical relations with her without consent. However, she not only sustained the relationship for a year but also visited him at lodges on two occasions. Her conduct does not corroborate her allegations," court said. The bench highlighted that the woman was still married during part of the relationship. Writing the judgment, Justice Sharma noted, "Khulanama was executed on Dec 29, 2022. It is inconceivable she entered a physical relationship with the appellant on promise of marriage while still married. Such a promise was illegal & unenforceable." The court observed that the complaint seemed to have been filed after the man graduated, returned to his hometown Ahmednagar, and a visit by the woman led to a confrontation with his family. Quashing the police cases, SC said, "No reasonable possibility exists that a married woman with a four-year-old child would be continuously deceived or maintain a prolonged association with someone who sexually assaulted her. A consensual relationship turning sour cannot invoke state's criminal machinery."
