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In the matter of Rashmi Chopra v. State of Uttar Pradesh the Supreme Court of India held that a complaint for cruelty against the women cannot be denied on the mere pretext that such complaint was not filed by the women herself. The court while dealing with charges under Sec 498A of IPC decides that code does not contemplate that complaint for offence under section should be filed only by women.
Facts of the Matter: In the present matter before the court where father of the girl had filed a complaint against the Son-in-law as he started demanding additional dowry of 1 Crore from the girl. The court in the matter also noted that in divorce proceedings the couple had settled all issues between them including division of properties at the time when divorce proceedings were in progress at Michigan.
The division bench of SC comprising Justice Ashok Bhushan and Justice KM Joseph observed that “There is nothing in Section 498A, which may indicate that when a woman is subjected to cruelty, a complaint has to be filed necessarily by the women so subjected. A perusal of Section 498 A , indicates that the provision does not contemplate that complaint for offence under Section should be filed only by women, who is subjected to cruelty by husband or his relative. We, thus, are of the view that complaint filed by respondent No.2, the father of Vanshika cannot be said to be not maintainable on this ground”.
The bench hearing a appeal against Allahabad HC order refused to quash summons issued by magistrate in the complaint against husband and relatives filed under Sec 498A and Sec 3 &4 of Dowry Prohibition Act.
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