Supreme Court of India quashed 498A

ITEM NO.50                    COURT NO.6                   SECTION II

             S U P R E M E       C O U R T   O F    I N D I A                              RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).8668/2009

(From the judgement and order dated 16/09/2009 in                   SBCRMP   No.
1505/2009 of The HIGH COURT OF RAJASTHAN AT JAIPUR)

HARSHA TIWARI & ANR.                                         Petitioner(s)

                   VERSUS

STATE OF RAJASTHAN & ANR.                                    Respondent(s)

(With appln(s) for stay of arrest)


Date: 30/07/2010    This Petition was called on for hearing today.


CORAM :
          HON'BLE MR. JUSTICE MARKANDEY KATJU
          HON'BLE MR. JUSTICE T.S. THAKUR



For Petitioner(s)         Mr. S.K. Bhattacharya,Adv.


For Respondent(s)         Mr. Ashok Bhan, Adv.
                          Mr. Ajay Veer Singh Jain, Adv.for
                          Mr.Milind Kumar, Adv.

                          Mr. Ajay Choudhary ,Adv
                          Mr. Sanjay Bansal, Adv.

             UPON hearing counsel the Court made the following
                                 O R D E R


              Leave granted.

              The Appeal is allowed in terms of the signed order.




      (Parveen Kr. Chawla)                             ( Renuka Sadana )
          Court Master                                    Court Master

                [signed order is placed on the file]
                   IN THE SUPREME COURT OF INDIA

                 CRIMINAL APPELLATE JURISDICTION

                CRIMINAL APPEAL NO.1384 OF 2010
         (Arising from S.L.P.(Criminal) No. 8668 of 2009)


Harsha Tiwari & Another                            ..Appellants

                          versus

State of Rajasthan & Another                       ..Respondents




                          O R D E R


         Leave granted.

         Heard learned counsel for the parties.


         This Appeal has been filed            against the impugned

judgment and order dated 16th September, 2009 of the High

Court of Judicature for Rajasthan, Jaipur Bench, Jaipur.

         The facts have been set out in the impugned judgment

and hence we are not repeating the same here.

         It   appears   that the aggrieved wife Shilpa Sharma

lodged an F.I.R., inter alia, under Section 498A, IPC in

which she not only made the husband accused but also the

present appellants and the mother-in-law.            Appellant No.1

appears to be the husband's sister and appellant No.2 is

the alleged match-maker.

         It is well known that in Section 498A, the net is

spread    wide    and   people     who   are    innocent   are    also

implicated.
        On the facts of the case, no case is made out



                             -2-



against the appellants.

       Accordingly, we allow this appeal, set aside     the

impugned judgment of the High Court and quash the criminal

case against the appellants herein only.




                             ..........................J.
                             [MARKANDEY KATJU]


NEW DELHI;                   ...........................J.
JULY 30, 2010                [T.S. THAKUR]