As per apex court judgment- we say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence.
@@AdvocateRakhiJadoun yes Same observation in the case of Salib @ Shalu @ Salim vs The State Of UP 2023. In this video court refused to quashing but this case must have quashed because Law relating to quashing is well settled. Where a criminal proceeding is manifestly attended with mala fide. case is covered with apex court judgement State Of Haryana And Ors vs Ch. Bhajan Lal And Ors SC 1990
धारा 498a पर माननीय Apex Court नें कहा है It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases. (CRIMINAL APPEAL NO. 2379 OF 2024, ACHIN GUPTA vs STATE OF HARYANA & ANR )
@@AdvocateRakhiJadoun यह नहीं कहा जा सकता है कि 498a IPC के दुरूपयोग को रोकने के लिए दहेह कानून में बदलाव या झूठे केस करने पर पत्नी को सजा के प्रावधान की सलाह माननीय Apex Court द्वारा विधान मण्डल को दी गयी है I प्रेषित सुझाव मे पति के खिलाफ Cruelty की धाराओं का उल्लेख है I CRIMINAL APPEAL NO. 2379 OF 2024, ACHIN GUPTA vs STATE OF HARYANA & ANR ) para 28
Why is this judge lying. The state PP didnt even open his mouth but this judge is dictating that the state counsel vehemently opposed the application. 😂😅
@@AdvocateRakhiJadoun Yes, but there is no proof other than her words. So we cannot rely only on words. There are many cases where wife thrashes and abuses mother in law, so will police file case on words of husband?
Women centric judge I have seen him many times
498A is a highly misused LAW in IPC .
As per apex court judgment- we say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings.
The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence.
Yes it was said in the case
ACHIN GUPTA V STATE OF HARYANA
@@AdvocateRakhiJadoun yes Same observation in the case of Salib @ Shalu @ Salim vs The State Of UP 2023.
In this video court refused to quashing but this case must have quashed because Law relating to quashing is well settled. Where a criminal proceeding is manifestly attended with mala fide. case is covered with apex court judgement State Of Haryana And Ors vs Ch. Bhajan Lal And Ors SC 1990
धारा 498a पर माननीय Apex Court नें कहा है It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases. (CRIMINAL APPEAL NO. 2379 OF 2024, ACHIN GUPTA vs STATE OF HARYANA & ANR )
Hon'ble supreme court directed parliament to amend sec498a IPC because it's been misuse at large
Which is a matter of concern
@@AdvocateRakhiJadoun यह नहीं कहा जा सकता है कि 498a IPC के दुरूपयोग को रोकने के लिए दहेह कानून में बदलाव या झूठे केस करने पर पत्नी को सजा के प्रावधान की सलाह माननीय Apex Court द्वारा विधान मण्डल को दी गयी है I प्रेषित सुझाव मे पति के खिलाफ Cruelty की धाराओं का उल्लेख है I CRIMINAL APPEAL NO. 2379 OF 2024, ACHIN GUPTA vs STATE OF HARYANA & ANR ) para 28
Why is this judge lying. The state PP didnt even open his mouth but this judge is dictating that the state counsel vehemently opposed the application. 😂😅
498a.is black law.women alawyas.misuse it
Not every women misuse this law there are women who are really suffering from cruelty ,demand of dowry
@@AdvocateRakhiJadoun Yes, but there is no proof other than her words. So we cannot rely only on words.
There are many cases where wife thrashes and abuses mother in law, so will police file case on words of husband?
@@AdvocateRakhiJadoun Madam 98% cases jhute hai aur kaha ja raha ki har mahila jhut nahi bolti hai, esse bada majak kya hoga
@@amitagarwal6971 tabhi to supreme court ne amendment k liye bola h sir
@@ARK2022 sir mother in law can file dv case against her daughter in law