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.
@AdvocateRakhiJadoun2 ай бұрын
Yes it was said in the case ACHIN GUPTA V STATE OF HARYANA
@ankitpachauri70832 ай бұрын
@@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
@krishnadeo....2 ай бұрын
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 )
@AdvocateRakhiJadoun2 ай бұрын
Hon'ble supreme court directed parliament to amend sec498a IPC because it's been misuse at large Which is a matter of concern
@krishnadeo....2 ай бұрын
@@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
@saranyagupta12 ай бұрын
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. 😂😅
@biswajitchoudhury50012 ай бұрын
498a.is black law.women alawyas.misuse it
@AdvocateRakhiJadoun2 ай бұрын
Not every women misuse this law there are women who are really suffering from cruelty ,demand of dowry
@ARK20222 ай бұрын
@@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?
@amitagarwal69712 ай бұрын
@@AdvocateRakhiJadoun Madam 98% cases jhute hai aur kaha ja raha ki har mahila jhut nahi bolti hai, esse bada majak kya hoga
@AdvocateRakhiJadoun2 ай бұрын
@@amitagarwal6971 tabhi to supreme court ne amendment k liye bola h sir
@AdvocateRakhiJadoun2 ай бұрын
@@ARK2022 sir mother in law can file dv case against her daughter in law