The Government of Maharashtra had issued a circular to all Police Station that whenever there is a complaint under Section 498A, the concerned police officer should call upon both the parties and make an effort to bring about reconciliation and give them sufficient time to come to terms.

The Government of Maharashtra had issued a circular to all Police Station that whenever there is a complaint under Section 498A, the concerned police officer should call upon both the parties and make an effort to bring about reconciliation and give them sufficient time to come to terms.

Vinod Rajkrishan Kaushik & ors vs The State of Maharashtra

Bombay HC

25/07/2014

CRIMINAL WRIT PETITION NO. 312 OF 2014

About/from the judgment:

The Government of Maharashtra had issued a circular to all Police Station that whenever there is a complaint under Section 498A, the concerned police officer should call upon both the parties and make an effort to bring about reconciliation and give them sufficient time to come to terms. In the present case, it appears that no serious allegations were made at Chaturshrungi Police Station which would even warrant prosecution under Section 498A and therefore, in all probabilities the police officers had not called upon the Petitioner No. 3. At the same time, it cannot be ignored that the Petitioner No. 3 was in fact, arrested by the police in his office and was paraded as if he was a hardened criminal. The police machinery had not only stopped at that, but had sought police custody on the ground of recovery of the passport of the complainant and other articles. The highhandedness and influence of the complainant party was writ large on the face of the record and the police had detained the Petitioner No. 3 in custody without verification of the facts.

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