I have made my profile on Bharat Matrimony in August 2013. Mr. Ashok Sharma has contacted me sometime in early September same year regarding the marriage proposal of Ms. Ali Sharma, I have liked the profile and started communications with Mr. Sharma. He has asked about my work and earnings primarily and then the family background. Just after that I had to go back on work at Oman for around 42 days. I came back in 1st week of November 2013 to Delhi. Mr. Sharma has given me the mobile phone number of Ms. Ali to contact her and arrange a meeting. I have called her on the evening of 11 November 2013, she have told me that she will be busy for a couple days, then later on 15th November we have met in Gurgaon, after meeting I have dropped her back to her PG accommodation at Subhash Nagar, in west Delhi. I have taken her to my home at Dwarka after a couple days, where she met my mother. We met a couple times more after that to understand each other. Later on last week of November 2013, Her Father Mr. Ashok Sharma, mother- Mrs. Neerja Sharma, Sisters- Ani and Abhi Sharma with their husbands Amit Sharma and Vaibhav Mehndiratta came to my house in Dwarka to discuss date of “roka” and marriage. We have decided 6th December 2013 as date of roka and subsequently night of 14th February 2014 as marriage by mutual consent of both families. I have given her “satya paul” saree worth of 30000 during roka ceremony on her request. I had to leave on work to Oman in couple days after roka ceremony has performed.
I was consistently been in touch with Ms. Ali and her family discussing venue and arrangements. I have told her father that I am in favor of a simple marriage in Arya samaj Mandir as my family has believed on simplicity, both my sisters were got married through Arya samaj Mandir, I also mentioned that my family and I are completely against of dowry system, and we don’t want anything else except your daughter. Her father replied me “ I want marriage ceremony to be performed in Jaipur as they have too many guests”. I did not have any objections on that so I have agreed.
Meanwhile I was making shopping list and asked Ms. Ali on phone that what kind of Jewelries, ornaments and other things she was expecting from me. She have asked for 80 to 100 gms of wedding jewelry and “lehnga” for a worth of 2 lacs. I was little bit nervous, as I was not expecting this and my savings were low due to household expenses. I did not refused it completely but asked her to reduce it to 6-7 lacs worth of jewelry and “lehnga” to 1 lac. She said her sisters has married providing more jewelries and heavier “lehngas” from their in laws. I replied her politely that I am sorry I can’t do what you asking for because I am constraint from budget. Later on I bought Jewelries and Lehnga total of around 10 Lacs ( Bills are available)
She asked me to book honeymoon in Europe, again I couldn’t do that firstly it was very expensive and secondly there were lot of visa formalities to be done, and due to I was in Oman during the time, I couldn’t be able to complete formalities. I have suggested her to go to visa free country and we chose to go Seychelles. I have made all bookings re: airliners, hotels, ferries etc. online from Oman.
I came back from Oman on 4th February 2014, and indulged in preparations of marriage immediately. I have bought her Jewelry and ornaments before 12th February. Her father has intimated me that he wants to book marriage venue in the outer gardens of a five star hotel because of his guests. I agreed on that. He asked me to book hotels and travel for guests from my side by my own. I agreed on that also and booked 12 rooms in hotel “The Theme” in Jaipur online. All the expenses of travelling, staying in Jaipur for two nights for my guests were borne by me.
We came back to Delhi on 15th evening with Ms. Ali as my wife. On 16th morning we went to shopping and I have bought cloths and other required things for her, as she did not bring any of her cloths and other personal use items from her home. She have asked me to buy a fully automatic washing machine, I bought that same day from Dwarka for 44000 rupees. I asked her to add my surname in her name, but she refused it completely by saying we need to register the marriage first then expect her to add my surname on her.
On 17th February 2014, we have flown to Seychelles. I have paid all the hotel and airliner cost in advance. After a couple days in Seychelles, she has asked me to buy another apartment for her, as she did not wanted to stay with my mother. I told her that it is not possible within a couple years. She walked out of hotel at around midnight. I was so afraid for her safety, so I followed and found her around half kilometer away from hotel. She was sitting in middle of the road on a divider. I begged her to come back to hotel, but she was so disappointed that she doesn’t want to come back. I have touched her feet and promised her to get another apartment soon as possible.
There were couple more minor incidents like she wanted to go to pool in wee hours and when I objected she did same, left hotel without telling me and I had to find her and taking her back by begging and agreeing to her non-sense behavior.
We came back to Delhi on 3rd of March 2014 and started living by lot of adjustments. I had to put a full time domestic helper, as She never behaved like a family person, example she had no interest in cooking, taking care of home etc. She used to leave her dirty cloths and even her under garments on floor waiting me to put them in machine. I have told her politely many times you should at least take care of your own things, but any time if I object on something, she freaks out immediately and start to put false allegations that I beat her etc. in loud and very bad language. For the sake of marriage my mother and I was bearing everything. I thought she was living in PG accommodation before marriage where she was use to live like this, so with the time she will get mature and understand family values.
Around 10th March 2014 she have demanded 50000 rupees, when I asked her why she need that money when I was trying to recover from marriage expenses, she has refused to answer by saying her parents never asked her before fulfilling her demands. I told her my situation and asked her to wait for a few days till I get my salary, she just packed her bag by saying if you don’t pay me then I am going. Finally I had to pay her 30000, to keep her calm.
I left home around 18th March 2014 to workplace in Oman. Before leaving home I gave her another 20000 and paid her mobile bill and household ration etc. in surplus (I was paying her mobile bills by credit cards so have evidences).
She has asked me to call her each hour from Oman, and I was doing it. Many time she use to call me around midnight saying there is a lizard in bathroom, how can I get in there, it was sounding very weird to my ears that a thirty year old mature lady talks like this. At home she continued her bad and irresponsible behavior. My mom could not able to resist on that and she has started spending more days at my sister’s place in Hari nagar.
She has a different lifestyle like she always liked to spend time in pubs or five star hotels, she always like outings etc. Always there was somebody from her office to drop her back home if I am not in the country. I always feels it bad and many times I told her politely that I don’t like if you are coming back late from office with somebody, but it seems she never listen what I say to her, may be I was too polite. She used to spend most of her holidays with her elder sister(Abhi Sharma Mendiratta) who was living in Dwarka at that time. Her sister has a similar lifestyle so I thought probably she is too influenced with her. I never objected nor asked or stopped her meeting any of her family member any time. I was booking her travel tickets online from Oman to let her go to Jaipur whenever she wanted.
I came back from Oman in last week of April 2014, then we decided to go for an outing to Shimla, On the way near Chandigarh, she started quarreling and behaving violent, she broke the windshield of my car by hitting the rear view mirror hard with god’s statue placed on dashboard. She opened the door of car and tried to jump out, I stopped the car and pulled her back in car, she started shouting that I have beaten her when I was pulling her in car by holding her hand. Anyway I begged her again and we stayed overnight at hotel Park Plaza in Zirakpur. We continued our journey next day to Shimla.
After knowing her behavior I was completely understood that any time if I put any objection on her endeavors then she could go to any extent to insult me. I started adopting her behavior and fulfilling her demands, if not completely then partially.
In first week of May 2014 I took her to Jaipur. Where I have discussed her behavior to her parents, they have asked me to put at least five lac rupees in her account, by doing that she will start respecting you. I was very nervous because after analyzing the situation I am going through, instead helping their daughter to adapt family life, they were asking me to give her more money. Her father has told me to help him monetarily to set up a business or to take him along to Oman. I was really under pressure. I had an apple ipad, on the way back to Delhi from Jaipur she has asked me to buy one for her mother too. I bought for her immediately from Gurgaon. I was always frightened from her due to her instant bad behavior and quarrelling which use to lead her leaving home at any time of day or jumping from roof, if I refuse to deny any of her demands.
On last week of May I went back to Oman, before leaving home I paid her 25000 rupees for herself, apart from her bills and household stuff. She never has withdrawn money from her bank account during her stay with me, because I was fulfilling her all expenses. Time to time I was buying her expensive gifts including jewelries etc. But she was never been satisfied. She always demands for more and more.
Same thing from Oman I was calling her many times a day, booking her travel to Jaipur, paying her phone bills etc. I was always worried for her safety as she use to come back from office late sometimes in cabs or sometimes with her friends, so I use to call her frequently in evenings till she reaches home to ensure she is safe. Many times she switch off her phones overnight on small disputes or on other words she was creating disputes, for example if I am late to call her due to meetings or office work…she gets abusive and if I have told her “ you are getting abusive so I will call you later”. Then her phone gets on switch off mode till next morning till I don’t apologize for nothing. She was just likes me to beg her to talk to her or keep the relation going.
I came back to Delhi sometime in second week of July. We went for couple outings; all the expenses from 1st day of marriage on anything were borne from me, mostly on credit/debit cards. She has asked me for 1 lac rupees to pursue her further studies, which I have paid her by online bank transfer, though I don’t know if that money was utilized on her studies or not. I was always bringing gifts, dry fruits, and chocolates for her family on each time I came back from work. Things were moving, I was looking to improve her behavior consistently, I requested her to try to conceive as when a child comes in family, and it strengthen a bond in relationship. Sometimes she agrees on my thoughts. But each time when she is in good mood, she asks me to stay separately from my mother and buy an apartment on her name. She always insisted me to transfer all my savings to her account, and always her father follows her statements. She was always saying that my dad has a pistol (he shown me before) and if I don’t fulfill her demands then he will take care of it. Because of their intentions I was afraid going to Jaipur to meet her parents, but still each time if I was in India, was going there for a day or two. Many times she was staying out overnight and use to tell me that I am going on office trip. But I never enquired about it.
There was nothing significant happened apart from normal disputes as mentioned above till 2nd of December 2014, when I came back from work. We have planned an outing trip to Darjeeling and Gangtok. I have booked flights and hotels in advance as usual and we went off on 9th December. We had smooth stay in Darjeeling and I was really appreciating it that things are improving, we went off to Gangtok and Lachung to celebrate her birthday in snowfall. I have bought gold bangles and diamond ring as her birthday gift. We came back from Lachung to Gangtok on 15th December, I was playing a game on my ipad in the room and she was watching TV in the evening of 16th. I asked her to lower the TV volume a bit as it was disturbing me to concentrate. She got panicked and asking me to leave her alone in the room, so I walked out for a couple hours. When I came back she put all my cloths in a bag and asked me to leave from hotel. It was around 23:00 hrs. I told her its too cold outside and I cannot be able to find another hotel at this time. She said if I don’t go then she will jump from balcony, I pulled her on to bed and closed the balcony. When I turned back she was lying on floor and screaming that I have beaten her and she’s going to police, I was afraid because I have been through this situation many times with her so far. I had to apologize again of the fault I didn’t do, begged her, touched her feet to make her calm. We came back to Delhi on 19th December and she joined her office back. I left on work on 26th December 2014.
On 17th January 2015 she told me that she wants to go to Jaipur on 23rd to 27th, so I have booked her tickets online. We were talking each day normally by then. On the morning of 25th around 8:30 I called her on phone, she was talking polite and good then I went on work in remote area of southern Oman and there was no network coverage till I came back in afternoon, before leaving accommodation I told her that I am going to be out of network till afternoon. On the way back I have received a very stressful message from her as below
I did not understand should I be happy that she is pregnant or should I be sad because she wants to abort, I called her immediately on phone but instead listening anything, she started abusing me in very harsh words like “ tum ghatiya insaan ho, tumhari family ghatiya hai” and much more, there was a point when her words got too abusive and I had to drop down the phone. I called her mother immediately and request her to make her understand the importance of her pregnancy. After an hour her eldest sister (Ani Sharma) has called me and instead asking me that what I think about Ali’s pregnancy, she asked me to come to give my consent on termination of her pregnancy. I refused it straight away, because I wanted this child to be born, I was waiting for this event, how could I give my consent to abort. There were many sms’s and whatsapp chat related to it that time. From there each day, when I call her, she was abusing me so bad that I can’t explain. I was wondering what I have done wrong with her.
She came back to Delhi on 27th January 2015 , but she did not came over to Dwarka, instead she stayed with her elder sister (Abhi Sharma Mehndiratta) at her Gurgaon residence. She was mentally torturing me each day on phone and text that I should sign on pregnancy abortion documents.
I came back to Delhi on 5th February 2015, went to meet her at haldiram restaurant near her office at Gurgaon. I asked her to come back home with me but she refused and asked me for 50000 rupees, which I paid her immediately through bank transfer.
Next day (on 6th) morning I asked her father to come and solve the issue. He came to Gurgaon at Abhi’s residence. I went there, he asked me that deposit 10 lacs in Ali’s account and things will be fine. I also agreed on that. But before depositing that money in her account I wanted to be sure that she would be carrying my child. I took the time till next day.
Next day (7th) morning when I arrived to Abhi’s residence, there were only her father and mother. I have spoken my doubt to them, they assured me that she will be carrying pregnancy if I put 10 lacs on her account, provide her another accommodation with all amenities. I promised them that I would do whatever she wants.
I left from Gurgaon around 14:00 hrs. I was on the way to Dwarka when Ali has called me and said she will not carry the pregnancy because she wants to enjoy her life. She asked me to agree on abortion and to give my consent. I refused it again. I became helpless with lot of stress. From there I went to my eldest sister’s place in Jhajjar (Haryana) to relax a bit. Her mother has called me around 20:00 hrs. That she has tried to jump from 8th floor, so if you won’t give your consent then she will commit suicide. I told her that I will come tomorrow and will take her to hospital.
I did not go there on 8th, and no communication has been made between her families.
I called her a couple times and texted from 9th till 11th Feb. But she was not responding me at all. Not by phone neither by text.
On 12th Feb around 20:30, she called me and said I am in Dwarka and the door is locked, I asked her to go back to Gurgaon or call my mother who was at my elder sister place in Hari nagar. She refused to call and told me that she’s going to break the pad lock. She got entry in the house by breaking the pad lock.
On the morning of 13th February, I went to her office and collected the keys of Dwarka house, she came back to home around 21:00 hrs., and lied down on floor. I asked her for food and to get on couch or bed instead lying on floor. She did not answer anything. From there each day she did similar things like not talking, not eating dinner, lying on floor, screaming without any reason, putting false allegations on me etc. I was getting depressed and restless each day. I took her for check up in a hospital in Dwarka sector 12, where the doctor also suggested her not to abort pregnancy because she is 31 years old and it is her first pregnancy (Dr. Monika, Gynecologist, Ayushman Hospital) . But she doesn’t want to listen anybody. I had to take depression pills to be stable with her behavior.
On 16th February she went out to the roof and laid on floor around midnight, when I went behind her she started quarrelling and threatening that if tomorrow I will not sign on my consent she will kill herself.
On 17th I had no other option than to take her to hospital for abortion ( I was asking her not to do it have video) and signed on mutual consent. As soon as abortion is performed I became her “darling”, her behavior was extremely pleasant to me. But I was very depressed. My mother came on 20th February from my sister’s place and she was also very depressed.
My wife forced me to find another accommodation for her, before I go on work
On 28th February I have found an apartment on the same society where Abhi (her sister) was living in Gurgaon sector-71 for 20000/- per month. We have moved from Dwarka to Gurgaon on 1st of March 2015.
She have took everything belongs her including jewelries, cloths (mine and her), We have took some additional things from my mother like gas cylinder, curtains, crockeries, utensils, rack, tables, Almirah etc. On same evening I took her to supermarket and bought all the stuff she would need like gas stove, few more kitchen utensils, ration etc. regardless to say that I have paid all the expenses (credit card).
On 2nd March. I have spoken to her and asked why she has put that much pressure on me and aborted the baby, which she did not reply. I told her it made a deep impact in my mind and soul, I won’t be able to forget it quickly and what is the guarantee that she will not do it again. All the questions I have asked were answered by silence. I told her this is her last chance to accept her mistakes and promise that it will never happen again, but she didn’t gave me any answer.
On 3rd March at 8:30 am I left to Dwarka to park my car and collect remaining stuff, I was flying back to Oman on work. She called me when I was walking to aircraft and was abusing me for why I went to Dwarka. The aircraft doors were about to close and Oman air staff was requesting me to put down the phone, but Ali was saying that if I put down the floor she would jump from 9th floor of her office. I was helpless again, but I made her understand that I am about to fly. Then she allowed me to put down the phone.
When I reached to Oman, I was talking her only once or twice a day and not for long, her acts and behavior were making me mentally sick, I was still on medication that time and was taking the pills for depression. Very strange to see that she had no changes in her behavior, she was still abusing me without any reason, threatening me for suicide etc. She had no regret on her acts instead she was partying almost each day with friends and her sister (Abhi). Then I was almost decided to separate from her.
She asked me to buy TV, refrigerator and cooler apart from what I have already provided her. I bought everything whatever she wanted online. I have spoken very less with her compare to before January.
I came back to Delhi on 27th April 2015 and to Dwarka, I really wanted a couple days rest and peace before meeting her, so I went to Dwarka and did not told her about it, but somehow she found that and started abusing and threatening that I should not try to meet her.
On 30th April, she asked me that she needs 10000 rupees, which I have given her. She asked for another 2 lacs in a week’s time on if I want to be safe from any forged criminal case against my family or me. But I refused her to pay that much, I have sent sms and whatsapp to most of her family members, but no one had replied.
On 1st may 2015, I went to see her but her cellphone numbers were switched off, I called her on office number where I came to know that she was on leave. I went to Gurgaon accommodation, which was closed, and security has told me that she is not at home since last evening. After inquiring more guard has told me that she often comes late nights when her office gets over at 7:00pm. And many days she doesn’t even come back. I was really worrying for her, called her many times but as soon as I call she switches off her phone. I sent her couple messages but no reply. From 1st to 3rd May we spoke may be a couple times then she told me that she is at Jaipur.
It was such a critical situation when she’s not picking phone, not her family members. Even they were not replying on my sms and whatsapp messages. They have blocked me from whatsapp too.
On 4th May I told her that I want to live with you and coming to Gurgaon but she said she got some kind of fear staying with me, I asked how it possible for a person to be afraid from a person who is away since two months and she has sent me an email that she loves me a couple weeks ago. But instead listening or understanding facts she started abusing again.
On 5th May. I have decided to go to her and bring my cloths at least; I called her from the front of her office and asked her for keys. She has given it, I requested her to have a healthy discussion at Haldiram restaurant. Where I asked her to apologize on her mistakes and restart relationship with trust. I left her to decide and went to my sister’s place at Jhajjar.
We had very little talk on 6th May, over the phone. I have returned to Dwarka on same day.
On 7th Morning when I called her, she asked me to pay her wifi and telephone bill of 2975 rupees, and I paid it online same day (have text messages).
She did not call me on 8th and when I tried to call she was not picking up, I went to Gurgaon around 8:00pm. She was not picking up phone so while entering on the road to her apartments I texted her that I am on your gate, she replied me that If I will try to come in she will go somewhere without telling anybody. I had no other option but to return back to Dwarka.
On 9th May, it was the same thing she was not picking up my calls. When I texted her that we should talk and sort the things, she told me again that she is scared of me and she wants to meet me in front of a marriage counselor .I did not understand when she is scared why she asks me to pay her bills and to give her money time to time.
On 10th May I went to above said marriage counselor, at around 17:00. I came to know that she is running a domestic violence cell there, anyways Ali has came by her own. We had individual sessions with Dr. Nisha Khanna till late. She advised Ali to go for Psychometric test, which she refused. We have started from there around 10:00pm and I dropped Ali back to her apartment. She wasn’t afraid then and I don’t know why.
On 11th May, I went to meet her, I picked her from her office at 7:00pm then we went to a café at Gurgaon. I wanted her to realize her mistakes and being sorry for that, but instead she asked me that I have asked her to pay 25 lacs as dowry and she said that she wants to move to a PG accommodation like before marriage. I was so upset and said there is no use to talk, we shouldn’t be sitting on a discussion. Then I dropped her back at around 10:00pm. She invited me to come inside, so I went and had a coffee with her. I left Gurgaon at around 11:00pm.
On 12th May I asked her on phone if we want to see our relation going forward then she has to stop misusing my emotions. I have stated that I will pay the rent of accommodation, electricity and any household bills but she has to manage her own personal expenses. She was freaked out on that and started shouting on me that I have to pay her cash each month. I refused it.
On 14th evening she called me for 20000 rupees and I have told her this is the last time I paid you cash, please don’t ask me more till our relation gets to normal. She turned off her phone. I have texted about this to her family members.
On 15th her eldest sister messaged me in very bad manner and language, later that in evening I received a threatening call from her sister’s husband, from an international number, which seems generated by Internet call.
On 16th May I have messaged her to get her degree attested by ministry of foreign affairs, as it is required for immigration process. I was trying to migrate and work in Europe so we both can work and live together. But she refused to get her degree attested.
Same day I went to marriage counselor and get my Psychometric test done as she has called her for 2nd session of counseling and Psychometric test, I asked Ali if she wants to come on sms but she did not answered back.
On 18th May I asked her that whether is getting warm and If she has any plans to stay longer in apartment then I will send an AC unit, but she asked me to come on weekend and take all household things what I have provided her , because she is moving to a PG accommodation. I requested her that if this is her final decision then she has to notify me about where she is living and contact information of owner of PG. But she refused to provide me anything. I have e-mailed to her and her father that what they want if they want reconciliation or mutual divorce, but they did not answered me any thing, I have sent many reminders but everything is still unanswered. ( will be attached to next mail).
On 22nd May, I have called her in the evening that if her plans are still intact to moving to PG and I supposed to come on 23rd to move household things, I called her many times but she did not pick up, then her phone went switched off mode. I had to depart on work very soon, so I was in need to know her plan, I called her father thrice but no answer too, at around 23:30 she texted me that she is not in at Gurgaon. ( Now I received a notice from women cell that she was filing IPC acts on 22nd).
On 23rd May, I went to her accommodation and found that she’s not there, when I called her on phone, she said that she’s on outing with friends and wont be available till Monday. Same day I have sent an email to her and her father about what I was facing, after that I have sent them 6 reminders but nothing has replied back to me so far.
On 25th May I have flown back to work. I have no idea whether she has shifted to PG or not. I have mailed to owner of the apartment about everything.
I have called her a couple times after from Oman, but she did not pick up my calls.
On 6th June The owner of Gurgaon rental apartment had called and mailed me about she have talked to him about vacating apartment, but when his person went there. She was neither there nor picking up his phone. (Please check next mails). I called her two times but she did not pick up the phone.
On 14th June, Owner of Gurgaon flat has informed me that she has vacated apartment with all belongings.
I came back to India on 5th June, she wanted to know if I am there or not so she was sending me false friend requests on Facebook and tracking my activities on linkedin profiles.
On 8th morning I have received a notice from Jaipur police station that she charged me and my family on 498a,406,313,504 IPC.
Asked 3 years ago in Family Law from New Delhi, Delhi
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1277 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)
ARNESH KUMAR ….. APPELLANT
STATE OF BIHAR & ANR. …. RESPONDENTS
J U D G M E N T
Chandramauli Kr. Prasad
The petitioner apprehends his arrest in a case
under Section 498-A of the Indian Penal Code, 1860
(hereinafter called as IPC) and Section 4 of the
Dowry Prohibition Act, 1961. The maximum sentence
provided under Section 498-A IPC is imprisonment
for a term which may extend to three years and
fine whereas the maximum sentence provided under
Section 4 of the Dowry Prohibition Act is two
years and with fine.
Petitioner happens to be the husband of
respondent no.2 Sweta Kiran. The marriage between
them was solemnized on 1 July, 2007. His attempt
to secure anticipatory bail has failed and hence
he has knocked the door of this Court by way of
this Special Leave Petition.
In sum and substance, allegation levelled by
the wife against the appellant is that demand of
Rupees eight lacs, a maruti car, an air-
conditioner, television set etc. was made by her
mother-in-law and father-in-law and when this fact
was brought to the appellant’s notice, he
supported his mother and threatened to marry
another woman. It has been alleged that she was
driven out of the matrimonial home due to non-
fulfilment of the demand of dowry.
Denying these allegations, the appellant
preferred an application for anticipatory bail
which was earlier rejected by the learned Sessions
Judge and thereafter by the High Court.
There is phenomenal increase in matrimonial
disputes in recent years. The institution of
marriage is greatly revered in this country.
Section 498-A of the IPC was introduced with
avowed object to combat the menace of harassment
to a woman at the hands of her husband and his
relatives. The fact that Section 498-A is a
cognizable and non-bailable offence has lent it a
dubious place of pride amongst the provisions that
are used as weapons rather than shield by
disgruntled wives. The simplest way to harass is
to get the husband and his relatives arrested
under this provision. In a quite number of cases,
bed-ridden grand-fathers and grand-mothers of the
husbands, their sisters living abroad for decades
are arrested. “Crime in India 2012 Statistics”
published by National Crime Records Bureau,
Ministry of Home Affairs shows arrest of 1,97,762
persons all over India during the year 2012 for
offence under Section 498-A of the IPC, 9.4% more
than the year 2011. Nearly a quarter of those
arrested under this provision in 2012 were women
i.e. 47,951 which depicts that mothers and sisters
of the husbands were liberally included in their
arrest net. Its share is 6% out of the total
persons arrested under the crimes committed under
Indian Penal Code. It accounts for 4.5% of total
crimes committed under different sections of penal
code, more than any other crimes excepting theft
and hurt. The rate of charge-sheeting in cases
under Section 498A, IPC is as high as 93.6%, while
the conviction rate is only 15%, which is lowest
across all heads. As many as 3,72,706 cases are
pending trial of which on current estimate, nearly
3,17,000 are likely to result in acquittal.
Arrest brings humiliation, curtails freedom
and cast scars forever. Law makers know it so
also the police. There is a battle between the
law makers and the police and it seems that police
has not learnt its lesson; the lesson implicit and
embodied in the Cr.PC. It has not come out of its
colonial image despite six decades of
independence, it is largely considered as a tool
of harassment, oppression and surely not
considered a friend of public. The need for
caution in exercising the drastic power of arrest
has been emphasized time and again by Courts but
has not yielded desired result. Power to arrest
greatly contributes to its arrogance so also the
failure of the Magistracy to check it. Not only
this, the power of arrest is one of the lucrative
sources of police corruption. The attitude to
arrest first and then proceed with the rest is
despicable. It has become a handy tool to the
police officers who lack sensitivity or act with
Law Commissions, Police Commissions and this
Court in a large number of judgments emphasized
the need to maintain a balance between individual
liberty and societal order while exercising the
power of arrest. Police officers make arrest as
they believe that they possess the power to do so.
As the arrest curtails freedom, brings humiliation
and casts scars forever, we feel differently. We
believe that no arrest should be made only
because the offence is non-bailable and cognizable
and therefore, lawful for the police officers to
do so. The existence of the power to arrest is
one thing, the justification for the exercise of
it is quite another. Apart from power to arrest,
the police officers must be able to justify the
reasons thereof. No arrest can be made in a
routine manner on a mere allegation of commission
of an offence made against a person. It would be
prudent and wise for a police officer that no
arrest is made without a reasonable satisfaction
reached after some investigation as to the
genuineness of the allegation. Despite this legal
position, the Legislature did not find any
improvement. Numbers of arrest have not
decreased. Ultimately, the Parliament had to
intervene and on the recommendation of the 177th
Report of the Law Commission submitted in the year
2001, Section 41 of the Code of Criminal Procedure
(for short ‘Cr.PC), in the present form came to be
enacted. It is interesting to note that such a
recommendation was made by the Law Commission in
its 152nd and 154th Report submitted as back in the
year 1994. The value of the proportionality
permeates the amendment relating to arrest. As
the offence with which we are concerned in the
present appeal, provides for a maximum punishment
of imprisonment which may extend to seven years
and fine, Section 41(1)(b), Cr.PC which is
relevant for the purpose reads as follows:
“ 41. When police may arrest without
warrant .-(1) Any police officer may without
an order from a Magistrate and without a
warrant, arrest any person –
(a) x x x x x x
(b) against whom a reasonable complaint
has been made, or credible information
has been received, or a reasonable
suspicion exists that he has committed a
cognizable offence punishable with
imprisonment for a term which may be less
than seven years or which may extend to
seven years whether with or without fine,
if the following conditions are
satisfied, namely :-
(i) x x x x x
(ii) the police officer is satisfied
that such arrest is necessary –
(a) to prevent such person from
committing any further offence; or
(b) for proper investigation of the
(c) to prevent such person from causing
the evidence of the offence to
disappear or tampering with such
evidence in any manner; or
(d) to prevent such person from making
any inducement, threat or promise
to any person acquainted with the
facts of the case so as to dissuade
him from disclosing such facts to
the Court or to the police officer;
(e) as unless such person is arrested,
his presence in the Court whenever
required cannot be ensured,
and the police officer shall record while
making such arrest, his reasons in writing:
Provided that a police officer shall, in
all cases where the arrest of a person is
not required under the provisions of this
sub-section, record the reasons in writing
for not making the arrest.
X x x x x x
From a plain reading of the aforesaid provision,
it is evident that a person accused of offence
punishable with imprisonment for a term which
may be less than seven years or which may extend
to seven years with or without fine, cannot be
arrested by the police officer only on its
satisfaction that such person had committed the
offence punishable as aforesaid. Police officer
before arrest, in such cases has to be further
satisfied that such arrest is necessary to
prevent such person from committing any further
offence; or for proper investigation of the
case; or to prevent the accused from causing the
evidence of the offence to disappear; or
tampering with such evidence in any manner; or
to prevent such person from making any
inducement, threat or promise to a witness so as
to dissuade him from disclosing such facts to
the Court or the police officer; or unless such
accused person is arrested, his presence in the
court whenever required cannot be ensured.
These are the conclusions, which one may reach
based on facts. Law mandates the police officer
to state the facts and record the reasons in
writing which led him to come to a conclusion
covered by any of the provisions aforesaid,
while making such arrest. Law further requires
the police officers to record the reasons in
writing for not making the arrest. In pith and
core, the police office before arrest must put a
question to himself, why arrest? Is it really
required? What purpose it will serve? What
object it will achieve? It is only after these
questions are addressed and one or the other
conditions as enumerated above is satisfied, the
power of arrest needs to be exercised. In fine,
before arrest first the police officers should
have reason to believe on the basis of
information and material that the accused has
committed the offence. Apart from this, the
police officer has to be satisfied further that
the arrest is necessary for one or the more
purposes envisaged by sub-clauses (a) to (e) of
clause (1) of Section 41 of Cr.PC.
An accused arrested without warrant by
the police has the constitutional right under
Article 22(2) of the Constitution of India and
Section 57, Cr.PC to be produced before the
Magistrate without unnecessary delay and in no
circumstances beyond 24 hours excluding the time
necessary for the journey. During the course of
investigation of a case, an accused can be kept
in detention beyond a period of 24 hours only
when it is authorised by the Magistrate in
exercise of power under Section 167 Cr.PC. The
power to authorise detention is a very solemn
function. It affects the liberty and freedom of
citizens and needs to be exercised with great
care and caution. Our experience tells us that
it is not exercised with the seriousness it
deserves. In many of the cases, detention is
authorised in a routine, casual and cavalier
manner. Before a Magistrate authorises
detention under Section 167, Cr.PC, he has to be
first satisfied that the arrest made is legal
and in accordance with law and all the
constitutional rights of the person arrested is
satisfied. If the arrest effected by the police
officer does not satisfy the requirements of
Section 41 of the Code, Magistrate is duty bound
not to authorise his further detention and
release the accused. In other words, when an
accused is produced before the Magistrate, the
police officer effecting the arrest is required
to furnish to the Magistrate, the facts, reasons
and its conclusions for arrest and the
Magistrate in turn is to be satisfied that
condition precedent for arrest under Section 41
Cr.PC has been satisfied and it is only
thereafter that he will authorise the detention
of an accused. The Magistrate before
authorising detention will record its own
satisfaction, may be in brief but the said
satisfaction must reflect from its order. It
shall never be based upon the ipse dixit of the
police officer, for example, in case the police
officer considers the arrest necessary to
prevent such person from committing any further
offence or for proper investigation of the case
or for preventing an accused from tampering with
evidence or making inducement etc., the police
officer shall furnish to the Magistrate the
facts, the reasons and materials on the basis of
which the police officer had reached its
conclusion. Those shall be perused by the
Magistrate while authorising the detention and
only after recording its satisfaction in writing
that the Magistrate will authorise the detention
of the accused. In fine, when a suspect is
arrested and produced before a Magistrate for
authorising detention, the Magistrate has to
address the question whether specific reasons
have been recorded for arrest and if so, prima
facie those reasons are relevant and secondly a
reasonable conclusion could at all be reached by
the police officer that one or the other
conditions stated above are attracted. To this
limited extent the Magistrate will make judicial
Another provision i.e. Section 41A Cr.PC
aimed to avoid unnecessary arrest or threat of
arrest looming large on accused requires to be
vitalised. Section 41A as inserted by Section
6 of the Code of Criminal Procedure (Amendment)
Act, 2008(Act 5 of 2009), which is relevant in
the context reads as follows:
“41A. Notice of appearance before
police officer.-(1) The police
officer shall, in all cases where
the arrest of a person is not
required under the provisions of
sub-section (1) of Section 41, issue
a notice directing the person
against whom a reasonable complaint
has been made, or credible
information has been received, or a
reasonable suspicion exists that he
has committed a cognizable offence,
to appear before him or at such
other place as may be specified in
(2) Where such a notice is issued to
any person, it shall be the duty of
that person to comply with the terms
of the notice.
(3) Where such person complies and
continues to comply with the notice,
he shall not be arrested in respect
of the offence referred to in the
notice unless, for reasons to be
recorded, the police officer is of
the opinion that he ought to be
(4) Where such person, at any time,
fails to comply with the terms of
the notice or is unwilling to
identify himself, the police officer
may, subject to such orders as may
have been passed by a competent
Court in this behalf, arrest him for
the offence mentioned in the
Aforesaid provision makes it clear that
in all cases where the arrest of a person is not
required under Section 41(1), Cr.PC, the police
officer is required to issue notice directing
the accused to appear before him at a specified
place and time. Law obliges such an accused to
appear before the police officer and it further
mandates that if such an accused complies with
the terms of notice he shall not be arrested,
unless for reasons to be recorded, the police
office is of the opinion that the arrest is
necessary. At this stage also, the condition
precedent for arrest as envisaged under Section
41 Cr.PC has to be complied and shall be subject
to the same scrutiny by the Magistrate as
We are of the opinion that if the
provisions of Section 41, Cr.PC which authorises
the police officer to arrest an accused without
an order from a Magistrate and without a warrant
are scrupulously enforced, the wrong committed
by the police officers intentionally or
unwittingly would be reversed and the number of
cases which come to the Court for grant of
anticipatory bail will substantially reduce. We
would like to emphasise that the practice of
mechanically reproducing in the case diary all
or most of the reasons contained in Section 41
Cr.PC for effecting arrest be discouraged and
Our endeavour in this judgment is to ensure
that police officers do not arrest accused
unnecessarily and Magistrate do not authorise
detention casually and mechanically. In order
to ensure what we have observed above, we give
the following direction:
(1) All the State Governments to instruct its
police officers not to automatically arrest
when a case under Section 498-A of the IPC
is registered but to satisfy themselves
about the necessity for arrest under the
parameters laid down above flowing from
Section 41, Cr.PC;
(2) All police officers be provided with a
check list containing specified sub-clauses
under Section 41(1)(b)(ii);
(3) The police officer shall forward the check
list duly filed and furnish the reasons and
materials which necessitated the arrest,
while forwarding/producing the accused
before the Magistrate for further
(4) The Magistrate while authorising detention
of the accused shall peruse the report
furnished by the police officer in terms
aforesaid and only after recording its
satisfaction, the Magistrate will authorise
(5) The decision not to arrest an accused, be
forwarded to the Magistrate within two
weeks from the date of the institution of
the case with a copy to the Magistrate
which may be extended by the Superintendent
of police of the district for the reasons
to be recorded in writing;
(6) Notice of appearance in terms of Section
41A of Cr.PC be served on the accused
within two weeks from the date of
institution of the case, which may be
extended by the Superintendent of Police of
the District for the reasons to be recorded
(7) Failure to comply with the directions
aforesaid shall apart from rendering the
police officers concerned liable for
departmental action, they shall also be
liable to be punished for contempt of court
to be instituted before High Court having
(8) Authorising detention without recording
reasons as aforesaid by the judicial
Magistrate concerned shall be liable for
departmental action by the appropriate High
We hasten to add that the directions
aforesaid shall not only apply to the cases
under Section 498-A of the I.P.C. or Section 4
of the Dowry Prohibition Act, the case in
hand, but also such cases where offence is
punishable with imprisonment for a term which
may be less than seven years or which may
extend to seven years; whether with or without
We direct that a copy of this judgment be
forwarded to the Chief Secretaries as also the
Director Generals of Police of all the State
Governments and the Union Territories and the
Registrar General of all the High Courts for
onward transmission and ensuring its
By order dated 31 of October, 2013, this
Court had granted provisional bail to the
appellant on certain conditions. We make this
In the result, we allow this appeal,
making our aforesaid order dated 31 October,
2013 absolute; with the directions aforesaid.
(CHANDRAMAULI KR. PRASAD)
(PINAKI CHANDRA GHOSE)
July 2, 2014.
I am back here on this site to have some more opinions on development in above case.
progression as follows:
1. My and my family bail application was rejected from lower court on 15th July 2015, Same evening I appeared in Police to record my statement.
2. Police Have called me, my sister and her husband on 25th July again for counseling, which both parties have attended. My wife put 4 conditions to reconcile - I have to pay her all expenses whatever she want without asking questions and bills - I have to buy a house and a car on her name- wherever she goes, whoever she meets, whatever time she comes back home, I should not ask any questions.
3. The above was obviously put on me to refuse, I asked police to allow some time and then I went back to work in Dubai for 6 weeks, during this time I called her a couple times, but mostly she refused to talk. after 4 weeks her father called me and asked for 50 lacs, if I want to get rid of these allegations. I did not negotiate and told him that I will pursue the case in court till you people get punished.
4. Went to Police again and invited them to go ahead for investigations, Police has visited my home, took statements of all my family members, neighbors and maid. They also paid attention to the evidences I had and finally they agree that all the allegations are false.
5. Police has agreed to take off all my innocent family members names from F.I.R.
6. Only thing is I have abused my wife over the phone, she recorded that and filed the case against me. I told police that she provoked me to abuse her deliberately, and it was a plan. Why she have not recorded her voice conversation ? It is one way recording and my mental state was very bad due to abortion of child and her behaviour. Police also understand it but they are not authorized to cancel the FIR, Only high court is authorized to do that.
7. Now they are going to present charge sheet soon, Police has assured me that I have no fault and I will be alright.
My concerns are:-
1) Do the police need to arrest me while I am cooperating with them since May 2015 ? They ask me to come to Police station a night before they file charge sheet and then they will take me to court.
2) what will happen in court ? Do I still need to apply for bail?
3) I heard there is no judicial custody in 498a, Only police custody is valid. If police wants to do further investigation. And I have finished everything with police by now, they have no complains with me or my family.
4) Is there anything to worry about before going to court.?
Asked 2 years ago