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Section 498A of IPC - Very Important Judgments and Case laws with citations of 498A Indian Penal Code

Indian Penal Coder Section 498A important Supreme Court and High Court Judgments with subject of case, case decisions, case laws and citations

Case Title Name of Court Act Date and Citation Gist
Arnesh Kumar vs State Of Bihar & Anr Supreme Court 498A IPC 02 July 2014
(2014) 8 SCC 273
Police should justify their arrest and should not arrest without reason
Chander Bhan vs State of Delhi Delhi High Court 498A IPC 04 August 2008 Guideline for 498A cases
Jaiprakash Madhukarrao Sahurkar vs Sarika Bombay High Court 498A and DV Act 29 February 2016
Judgment Against Husband. DV and 498A can be filed on same facts
K.V. Prakash Babu vs State Of Karnataka Supreme Court 498A 22 November 2016 Adultery is not Cruelty for 498A
Kunaldev Singh Rathore vs State Of M.P Madhya Pradesh High Court 498A 02 December 2016 Defence Documents May Be Examined At Preliminary Stage, If Needed. Under Section 482 CrPC the court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained.
M. Srinivasulu Vs State Of A.P. Supreme Court 498A 10 September 2007
AIR 2007 SC 3146
SC Defines 498A , 304B & Dowry


Niraj Trivedi vs State Of Bihar And Ors Delhi High Court 498A 04 January 2008
2008 (3) JCC 154
FIR to be registered at place of crime.
Preeti Gupta & Anr vs State Of Jharkhand & Anr Supreme Court 498A 13 August 2010, 2010 (3) GLH 258, ( 2010) 7 SCC 667 Courts admits misuse of 498A in many cases and quashes the case as Respondent never stayed with complainant. A very Similar case.
Pritam Ashok Sadaphule and others VS State of Maharashtra and another Supreme Court DV & 498A 19 March 2015
Wife files DV at Delhi and 498A at Mumbai on same allegations and facts, SC directs both the case to be tried by one court
Sanjeev Kumar vs State Of U.P. Allahabad High Court 498A 30 September 2011 Procedure for Arrest in Matrimonial Disputes
Savitri Devi vs Ramesh Chand And Ors Delhi High Court 498A 19 May 2003
2003 CriLJ 2759, 104 (2003) DLT 824, II (2003) DMC 328, 2003 (69) DRJ 6
Courts admits misuse of 498A in many cases and send some advisories to Govt.
Shaik Riayazun Bee vs The State Of A.P. Andhra High Court 498A 01 June 2016 Relative of the husband for the purpose of Section 498A means related by blood, marriage or adoption


Shaukin vs State Of U.P. And Others Allahabad High Court 498A 11 October 2011
1. Compliance of sections 41(1)(b) and 41 A Cr.P.C and to refrain from routinely arresting persons wanted in cases punishable by imprisonment up to 7 years. 2. Under section 498A IPC where the wife has gone back to her "maika", it may not be necessary in a particular case to immediately arrest the husband and other family members until adequate evidence has been collected, as she is unlikely to encounter violence when she is away from her "sasural. 3. Strong reasons are needed for arresting an accused with respectable antecedents, who is an income tax payee with roots in the community, and a permanent abode, no history of earlier abscondance or non-cooperation with the police and who is not likely to tamper with the evidence or to again commit a crime unless he is immediately arrested 4. Contempt of court and Disciplinary proceedings against the police who do not adhere to sections 41(1)(b) and 41 A Cr.P.C
Sundar Babu & Ors vs State Of Tamil Nadu Supreme Court 498A 19 February 2009
(2009) 14 SCC 244
SC Explains Conditions For The Quash Of An FIR.
Vikas Kumar vs State of Bihar Supreme Court 498A 18 July 2016
Condition of paying maintenance to wife for AB is not sustainable in law.



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