Potentially the silliest false case under IPC 498A that caused a serious tragedy

My video interview

http://www.498a.org/contents/video/Uma.wmv

In page 3 FIR, the summary statement is written as:

IN THE COURT OF THE HON’BLE JUDICIAL IIND METROPOLITAN MAGISTRATE
CYBERABAD AT L.B.NAGAR

Honoured Sir,

Today i.e. Prior 28-12-2005 at 2115 hours received a complaint from
Smt. P.Malathi w/o Anil Kumar R/o G-1 Flat Plot 9, Huda Complex,
Saroornagar which the brief contents are as under follows.

Facts of the case are that the marriage of the complainant was
performed with .. Anil Kumar. After 10 days her husband flew away to
US and sent a e-mail stating to denies to continue relationship and
her husband and her sister put the complainant and her family members
in mental agony. Hence the FIR.

Received on 28-12-2005 at 21:15 hrs.
As per contents of the above complaint registered a case
Cr.No.1125/2005, U/s 498-A and investigation is entrusted to WSI Kum.
Sunitha. (The original complainant enclosed here with).

>>>

Complaint (with her spelling and grammatical errors):

Date: (left blank)
Place: Hyderabad

To
The Circle Inspector of Police,
Saroornagar Police Station
Dilshukhnagar
Hyderabad

Dear Sir,

I am Pappu Malathi residing at G-1, Flat 1, Plot: 9 Huda Complex,
Saroornagar, Hyderabad was married to Mr. Challa Anil Kumar S/o Challa
Suryanarayana Murthy residing at California, USA on 18th August 2005
in Kakinada our Native Place.

After spending 10 days here in India, he flew over to USA. However,
suddenly on 13th October 2005, through e-mail he denies to continue
the relationship without specifying anything. we have been put to
mental harrassment by Mr. Anil and her sister Uma Gayathri. My family
members tried contacting them in US but there was harsh replies to
them and they threwed them out from the house. The consistent reply
was not to speak anything. After spending a lot of money for this, w
were cheated by the actions of them.

We came to know from the reliable sources that Mr. Anil and Ms. Uma
landed down in Hyderabad due to his father’s illness. His father is
admitted in Care hospital, Clock tower, Secunderabad. Please do the
needful as I request you to, in order to stope Mr. Anil and Ms. Uma
(sister to Mr.Anil) to escape from India.

Thanking You Sir,

Yours faithfully,
P.Malathi

>>>

(Main text of)
REMAND CASE DIARY
C.D. Dated 29-12-2005

IN THE COURT OF THE HON’BLE SECOND METROPOLITAN MAGISTRATE AT
L.B.NAGAR, CYBERABAD.
.
.
.
Honored Sir,

Brief facts of the case are that on 28.12.2005 at 2115 hours received
a complaint from Smt. P.Malathi w/o Anil Kumar R/o G-1, Plot No.9,
Huda Complex before SHO Saroornagar, stating that she got married to
Anil Kumar s/o Challa Suryanarayana Murthy residing at California, USA
on 18-8-2005 at Kakinada. After spending 10 days here in India her
husband went to USA. Suddenly on 13th Ocotber 2005 her husband mailed
her that he don’t want to continue the relationship with her. She was
harrassed by her husband and sister in law Gayathry mentally. Her
family members tried to contact her husband but received harsh replies
from them. Later she came to know that Mr. Anil and Ms. Uma landed
down to India for his father’s illness. Her husband father is
admitted in care Hospital, Clock Tower, Secunderabad. As such she
requested to stop Mr. Anil and Mrs. Gayatri to escape from India.

On receipt of the above petition SHO of Saroornagar registered a case
in Cr.No.1125/05 U/s. 498 (A) IPC and transferred to Women PS for
further investigation.

I SI Women PS took up investigation in this case and during the course
of investigation I have examined the complainant Smt. Malathi and her
mother Smt. Seethamahalakshmi, recorded their detailed statements,
which were incorporated with part IIcds.

Investigation revealed that marriage of Complainant and A-1 performed
on 18.08.2005 in the presence of elders as per Hindu rites and
customs. A-1 is a resident of California, USA. After the marriage
A-1 spent about 10 days with the complainant at India and later went
to USA. From 13.10.2005 A-1 emailed the complainant that he don’t
want to continue the relationship with her and after that A-1 & 2 did
not give proper replies to complainant and her parents and thus
harrassed the complainant mentally. As the father of A-1 was admitted
at Care Hospital due to ill ness, A1 adn A2 landed over to India and
the complainant lodged complaint to stop them.

Thus from the facts and evidence collected so far a prima-facie case
has been established on the accused A1 and 2. Hence, arrested the
accused on 28.12.2005 at 2230 hours at Chaitanypuri adn brought them
to PS at 2245 hours, issued arrest memos, informed them the grounds of
arrest, allowed them to contact their relatives.

Therefore, I am herewith producing the accused before the Hon’ble
court with a request to Remand them to judicial custody of (14) days
so as to enable me to complete further investigation in this case and
to file charge sheet.

Sub-Inspector of Police,
WPS, Saroornagar

>>>
(DOCKET ORDER)

In the Court of the II Metropolitan Magistrate: At L.B.Nagar,
Cyberabad, Hyderabad.
Present: Sri G.Kabardi, B.Com, B.L.
II Metropolitan Magistrate
Dated on this 29 day of December, 2005
Crl.M.P. No. 6837 of 2005.
in Crime No. 1125 of 2005.

Between:
1. Challa Anil Kumar, S/o C.V.A.S. Suryanarayana
age 30 Yrs, r/o — (address deleted by yours truly).

2. Challa Uma Gayathri, w/o (name deleted by yours truly),
Age 29 Yrs, occ: Phd student, R/o —(address deleted by yours truly),
… Complainant/accused

AND

State of A.P. through
SHO, P.S.Saroor nagar
… Respondent/Complainant

Petition filed U/sec. 439 of Cr.P.C. and for the Offences 498-A IPC.

This case is coming before me for disposal in the presence of Sr.
P.Kumara Swamy and K.S.Rahul Advocate counsels for accused persons and
Sri APP for state of A.P. having stood over for consideration on this
day, this court delivered the following:-

DOCKET ORDER

Heard both sides perused the record. Today morning the father of A1
died. So to perform Obseques his person so required. I admit them on
bail on executing a bond for Rs. 5,000/- each with 2 sureties. A1
shall surrender the Pass Port before this court on the next day of
adjournment i.e., 12-1-2006.

Written and pronounced before me in Open court this 29th day of
December, 2005.

II Metropolitan Magistrate,
Cyberabad, at L.B.Nagar

One of the pieces of evidence of “harassment” (translated into English):

To Malathi,

I have been thinking deeply for the past few days and have arrived at
a decision. Eversince our marriage alliance has been fixed, the
differences, conflicts and incompatibilities between us have been
increasing due to which I find it difficult to contribute to the
smooth running of our marriage. To avoid further difficulties and
unhappiness in our personal lives, in the present and in the future, I
have decided to end my relationship with you now. This decision is
not a reaction to any one specific incident.

There are many differences in our life’s perspectives, interests,
goals and philosophies. Even if these do not appear to be hindrances
to some extent, after a certain limit they definitely become
impediments to friendship. The differences between us are such
impediments.

As I have mentioned to you earlier, I did not enter marital life to
have someone to assist me in my routine chores of life. I got married
to be with a partner who shared at least some of my interests,
thoughts and philosophies adn my enthusiasm and perspectives in my
journey of life. It is clear that our perspectives on married life
are quite different. It is difficult to continue this journey due to
these differences.

My marital life is bound to be influenced by family members from both
sides. If such influences are unpleasant, future life is going to be
filled with sorrow. We have already discussed how the attitudes and
thinking of your family members are against my nature. Since such
differences are ingrained in our personalities, it is impossible to
change them. It is not good to begin this journey by discounting
these differences since they would lead to persistent tension in life.
This would make it challenging for us to shape our future as well at
that of the next generation according to our personal philosophies.

Owing to such innumerable differences, I do not have the capacity to
continue this relationship. I cannot shoulder this responsibility
unhappily. Even if I do, it will prove to be a burden that will
impede my complete and happy coexistence with you. If I ignore all
the above points and go ahead, I will have done injustice to both of
us.

I hope you will understand my earnest attempt to communicate my
thoughts clearly and appreciate, with equanimity, the circumstances
that led to this situation. It is quite unfortunate that something
that we undertook with good intentions should fail in this manner.

With best wishes,
Anil

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5 Responses to Potentially the silliest false case under IPC 498A that caused a serious tragedy

  1. gopelalwani says:

    http://www.dnaindia.com/report.asp?NewsID=1094148
    Let there be rhyme & reason in dowry arrests’
    Anshika Mishra
    Wednesday, May 02, 2007

    A 52-year-old man, accused of allegedly harassing his daughter-in-
    law for dowry, has moved Bombay High Court, asking it to lay down
    guidelines for arresting an accused in cases pertaining to family
    disputes.

    Baban Dhus, a municipal school teacher, was arrested by the police,
    along with his wife, son Nivrutti and two others, in December 2006
    following a complaint lodged by daughter-in-law Vaishali, alleging
    harassment over a demand for Rs 10 lakh.

    Denying the charge, Dhus and family members alleged that Vasihali’s
    father, a police constable, misused his powers and got them arrested
    even before a preliminary inquiry was conducted.

    The petition stated that the urgency with which five members of the
    Dhus family were arrested as soon as the complaint was filed, belied
    the conventional procedure to first counsel the family members. The
    arrest and the subsequent humiliation faced by Dhus and his wife,
    when they were allegedly handcuffed and made to walk through their
    chawl in Sewree to recover the `streedhan’, have shattered all
    hopes of reconciliation between the young couple.

    Vaishali and Nivrutti were married in May 2006. While Vaishali
    stated in her complaint that she was mentally and physically
    harassed for dowry, the Dhus family accused her of quarrelling often
    about setting up a separate home with her husband.

    When the two families met on December 3 to try and settle the
    dispute, Vaishali’s father, Sawkar Padwal, was accompanied by four
    other constables in plainclothes. Her uncle, a police inspector at
    Kalachowkie police station, too was present. When the talks yielded
    no
    results, Dhus and his family were taken to Kalachowkie police
    station, and were arrested after a complaint was registered at 6 pm.
    They were released on bail on December 5.

    Following the arrest, Nivrutti lost his job as a medical
    representative. Alleging that Vaishaili’s father was using his power
    to put pressure on the BMC to terminate his services, Baban Dhus
    sought protection from the HC.

    “While the police must investigate every complaint of dowry
    harassment, some protection must be granted to families in cases of
    false complaints,” Dhus’s lawyer Shrikant Bhatt said when the case
    was heard on Monday.

  2. gopelalwani says:

    The role of investigating agencies and the
    courts is that of watch dog and not of a bloodhound.

    It should be their effort to see that innocent person is
    not made to suffer on account of unfounded, baseless
    and malicious allegations.

  3. ZAKI AHMED says:

    what is deffination under act 498a,kya case 6 year bad registered kiya jay to our lower court me chale kewal ladke ke 4 relative gawahi de de ke paise mange the to kya lower court bina kesi sabut ke saja de sakta hai mere case main lower court ne saja de de hai

  4. ilovemyex says:

    If the lower court magistrate is corrupt, and his palms have been greased well, he can give any order disregarding the facts of the case. You can appeal the judgment in the High Court in case you have not received justice in the lower court.

  5. […] there is a rush by the police to shakedown the victims under the pretext of a compromise. If the victims can’t or won’t pay up, the FIR with its litany of lies is transformed into a chargesheet verbatim and filed in unregulated, overburdened and increasingly corrupt trial […]

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