Misuse of Section 498 A

1. Mr. S.S. Seshan vs The State Of Madhya Pradesh on 24 August, 2022

(MadhyaPradesh HC)

that this case is an example of the misuse of section 498A I.P.C. 13. In the
case ... over the misuse of section 498A IPC and the increased tendency of
implicating relatives of the husband in matrimonial disputes

2. Alka Jogesh Patel vs State Of Gujarat on 25 February, 2022 (Gujrat HC)

numerous instances expressed concern over the misuse of section 498A IPC
and the increased tendency of implicating relatives ... Court has also
expressed a concerned over the misuse of Section 498A

3. Mrrahul Kumar Goyal vs President Secretariat on 2 June, 2016 – (Central

Information Commission)

(The complainant filed RTI application dated 29.03.2014 seeking

information regarding action taken on his e-
mail complaint dated 29.12.2013 and action taken against
the officers who misuse section 498A of IPC and related matters.)

4. Savitri Devi vs Ramesh Chand And Ors. on 19 May, 2003 – (delhi HC)

( Before parting, I feel constrained to comment upon the misuse of the

provisions of Section 498A/406 IPC to such an extent that it is hitting at the
foundation of marriage itself and has proved to be not so good for the
health of the society at large. To leave such a ticklish and complex aspect of
proposition as to what constitutes 'marital cruelty' and 'harassment' to
invoke the offences punishable under Sections 498A/406 IPC to a lower
functionaries of police like Sub Inspectors or Inspectors whereas some
times even courts find, it difficult to come to the safer conclusion is to give
the tools in the hands of bad and unskilled masters.)
 5. Basantsingh vs State of Jharkhand on 24 January, 2011 – (Jharkhand HC)

(With regard to invocation of Section 498A of the Indian Penal Code,

powers have been misused so as to harass the in-laws and, in view of the
decision in the case of Preeti Gupta [supra], this Court has to take a serious
look of the entire case since case of harassment out of dowry demand is
falsely made out and registered.)

6. Perugu Varalakshmi vs State And Ors. on 17 December, 2002 (AndhraHC)

(The various facts and circumstances would clearly indicate that the
complaint submitted by P.W. 1 was nothing but a step to wreak vengeance
against the accused and the whole case presents an instance of
gross misuse of provisions of Section 498A of IPC.)

7. Abhishek vs The State Of Madhya Pradesh on 31 August, 2023- (SC)

(quash a FIR registered for various offences, including Section 498A IPC. Noting
that the foremost issue that required determination ... earlier decisions wherein
concern was expressed over the misuse of Section 498A IPC and the increased
tendency to implicate relatives)

8. Smt. Kirti Devi @ Anr vs State Of Bihar on 22 October, 2008 (Patna HC)

(Considered the submission of both parties. The main grievance of opposite party
no.2 is against her husband but she has also implicated married Nanad, Nandosi
and other junior members of the family. Apparently, they have been implicated in
order to pressurize her husband and harass them for no fault. It is out and
out misuse of the provision of Section 498A of the Indian Penal Code. It has now
become common practice in case of Section 498A of the Indian Penal Code to
implicate even junior members of the family. Taking cognizance against such
members of the family is abuse of the process of the court. The court should be
careful at the time of issuing process in such nature of cases against junior or non-
family members of the husband.)
9. Abhay Kumar Singh vs The State Of Bihar on 29 April, 2015 – (Patna HC)

(This Court is also conscious of the fact that there is great misuse of the
provisions of Section 498A of the Indian Penal Code in the society)

10. Rakeshbhai Himatlal Patel & 4 vs State Of Gujarat & on 5 October, 2015 –
(Gujrat HC)

(The Courts have been noticing and deprecating the attempt on part of the
complainant to misuse the provisions of Section 498A of the IPC against the
distant relatives of the husband in order to pressurize and extract pound of
flesh. )

11. Amrit Anand @ Chhotu vs The State Of Bihar on 14 January, 2015- (Patna
HC)

(This is an instance of gross misuse of the provision of Section 498A of the

Indian Penal Code. Obviously by taking note of the weakness of the
allegation against the petitioner,)

12. Md. Quasim @ Md. Kashim @ Md. Quasim ... vs The State Of Bihar on 16
January, 2015 – (Patna HC)

(This case indeed discloses the extent to which the provision of Section
498A, IPC has been misused and as to how the legal system was unkind to
the petitioner.)

13. Sangita Gond & Anr vs The State Of West Bengal & Anr on 13 July, 2023 –
(Calcutta HC)
 (The above-mentioned decisions clearly demonstrate that this court has at
numerous instances expressed concern over the misuse of section 498A IPC
and the increased tendency of implicating relatives of the husband in
matrimonial disputes, without analysing the long term ramifications of a
trial on the complainant as well as the accused. It is further manifest from
the said judgments that false implication by way of general omnibus
allegations made in the course of matrimonial dispute, if left unchecked
would result in misuse of the process of law)

14. Kaushik Bhattacharjee vs Ministry Of Women & Child ... on 10 January,

2022 - (Central Information Comm.)

(mental torture & abuse due to severe misuse of Section 498A of I.P.C.
and/or Domestic Violence)

15. Irfan @ Ajay vs The State (Nct Of Delhi) on 11 April, 2022 (Delhi District
Court)

(it becomes pertinent to mention that incorporation of section 498A of IPC

was aimed at preventing cruelty committed upon ... numerous instances
expressed concern over the misuse of section 498A IPC and the increased
tendency of implicating relatives)

16. Smt. Basant Kaur And Ors. vs State (Nct Of Delhi) on 25 November, 2002
(Delhi HC)

(case which manifestly demonstrate how Section 498A IPC can

be misused and abused.)

17. Mithilesh Kumar vs The State Of Bihar on 23 April, 2012 – (Patna HC)

(He further submits that misuse of provision under Section 498A of the
Indian Penal Code has been noticed)

18. Jitendra Prasad vs The State Of Bihar on 16 January, 2015 (Patna HC)

(petitioner is an accused of committing offence punishable

under Section 498A, IPC . He has been arrested by the concerned police ...
 Courts have been pointing out the misuse of the provision of Section 498A ,
IPC)

19. Md. Abid vs The State Of Bihar on 19 December, 2012 (Patna HC)

(in which, cognizance has been taken u/S 498A of the Indian Penal Code . It
is pointed ... nothing but only a glaring example of misuse of Section-
498A of the Indian Penal Code . Considering the aforesaid facts)

20. Ghanshyamsinh Jayantisinh ... vs State Of Gujarat on 16 January, 2023

(Gujrat HC)

(offfences punishable under section 498A , 323 and 114 of IPC

and sections 3 and 4 of Dowry Prohibition ... impugned FIR is a classic case
of misuse of provision of section 498A of the IPC)

21. Channabasappa S/O Bhadrappa ... vs The State Of Karnataka And Anr on 14
February, 2023 (Karnataka HC)

(expressed concern over the misuse of - 10 - CRL.P No. 201157 of

2022 section 498A IPC and the increased tendency ... matrimonial dispute,
if left unchecked would result in misuse of the process of law.)

22. Shahroj Janha Niyazkhan Pathan vs State Of Gujarat on 12 January, 2023

(Gujrat HC)

(submitted that the ingredients of Section 498A and other sections of the
Indian Penal Code get invoked in the First ... this is classic case of
harassment and misusing the provisions of Section 498A of the Indian Penal
Code)
23. Maneesh Bomb vs M on 17 July, 2023 (Madras HC)

(ingredients constituting the offence under section 498A is not attracted in

the materials produced by the prosecution. Further, there ... constituting
under section 498 A IPC, it will be a mere misuse of provisions
of Section 498A IPC and abuse)