SUSHIL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition purported to have been filed under Article 32 of the Constitution of India, 1950 (in short the Constitution) prayer is to declare Section 498A of Indian Penal Code, 1860 (in short the IPC) to be unconstitutional and ultra vires in the alternative to formulate guidelines so that innocent persons are not victimized by unscrupulous persons making false accusations.

(2.) Further prayer is made that whenever, any court comes to the conclusion that the allegations made regarding commission of offence under Section 498A IPC are unfounded, stringent action should be taken against person making the allegations. This, according to the petitioner, would discourage persons from coming to courts with unclean hands and ulterior motives. Several instances have been highlighted to show as to how commission of offence punishable under Section 498A IPC has been made with oblique motives and with a view to harass the husband, in-laws and relatives.

(3.) According to the petitioner there is no prosecution in these cases but persecution. Reliance was also placed on a decision rendered by a learned Single Judge of the Delhi High Court wherein concern was shown about the increase in number of false and frivolous allegations made. It was pointed out that accusers are more at fault than the accused. Persons try to take undue advantage of the sympathies exhibited by the courts in matters relating to alleged dowry torture.