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Sec 498A: An Apology should be tempered with genuine remorse and repentance, and not a calculated strategy to avoid punishment: Jharkhand HC
The bench of Justice Sanjay Kumar Dwivedi became managing the petition filed to quash the entire criminal proceedings registered for the offence underneath Sections 341, 323, 494 and 498-A of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
In this situation, the marriage of the informant became solemnized with the petitioner. Her husband sent the informant and her youngsters to her parental residence after intellectual and bodily torture and for approximately the remaining six years the informant is staying along with her parents.
The informant’s husband solemnized some other marriage. while the informant asked approximately the second marriage with the petitioner, then her husband commenced assaulting her and additionally abused her with filthy language truly requested Rs. 20 lacs as dowry from her to carry from her father, if she needed to stay with the petitioner and whilst the informant refused to fulfil the demand of dowry then he became again assaulted and abused.
FIR was lodged below Sections 341, 323, 494, 498-A of the Indian Penal Code and phase 3/4 of the Dowry Prohibition Act towards the petitioner.
the problem for attention before the bench changed into:
whether the proceedings towards the petitioner could be quashed or now not.
The court opined that an Apology ought to be unquestionable in sincerity. It needs to be tempered with genuine remorse and repentance, not a calculated strategy to keep away from punishment. So an apology ought to now not be a paper apology, and expression of sorrow ought to come from the heart and not from the pen; for its far one component to say sorry, it's miles some other to experience sorry.
excessive court docket cited that an apology isn't always a weapon of defence to purge the guilt of the contemnor. At the same time, an apology must be sought at the earliest opportunity. The apology tendered by way of the petitioner within the instant case is a belated degree most effective to get away from the punishment of the courtroom it ought to not be ideal.
The bench said that the apology isn't always coming from the core of the coronary heart of the petitioner, the apology is not regular and the identical is rejected.
Given the above, the excessive court docket dismissed the petition.
