Sunday, March 31, 2024

Case Achievement published in Ganga Mahima Periodical Magazine - Mar 2024 Pg.27

When section 498A became a weapon, DD Arya became the shield of the victims

Supreme Court lawyer DD Arya wrote another success story by getting anticipatory bail from Muzaffarnagar District Court for 3 people including the husband who were arrested under several sections including the dowry act.

Supreme Court advocate Devdatt Arya, who resides in Ghaziabad district, has become one of those lawyers whose ability is not limited to Delhi-NCR but is also being recognized in far-flung districts. He is becoming the hope of the hopeless and this is the reason why his counsel in the court paves the way for victory of helpless victims. Ganga Mahima has already published news about advocate D D Arya, who gets bail for victims from the court and releases them from jail. This time we present such a complicated case of Dowry Act, in which the husband and family members were very close to the bars but advocate D D Arya not only became a savior for them but also succeeded in getting anticipatory bail for three people from Muzaffarnagar District Court of UP.

Giving priority to women empowerment, governments have many schemes and laws have been made for the upliftment and protection of women. These include laws made to prevent domestic violence and dowry harassment. These laws are also important so that women are not exploited or harassed and they feel safe, but are these laws being used properly? For example, take Section 498A of the Dowry Act, the way this law has been used as a weapon in the last few years, many manageable households and families have been shattered in such a way that they are still making rounds of the court and prison. Exactly two years ago, the Supreme Court had also expressed concern about the misuse of this section of the Dowry Act. On 9 February 2022, the Supreme Court expressed concern over this and said that nowadays the provision of Section 498A of the IPC, which deals with dowry harassment, is being used as a tool to settle scores against the husband's relatives. The Supreme Court had admitted that such criminal cases in which even if there is no possibility of bail, still leave a serious stain on the accused. Such an experiment needs to be discouraged. It is also well known that while filing cases under the Age Act, exaggerated allegations are also made against the in-laws, which are not easy to counter.

A similar case related to the Dowry Act came to Supreme Court advocate D D Arya in which, in addition to Section 498A, sections 323, 504, 506, 354, 307 of the IPC and Section 3/4 of the Dowry Act were also imposed on the in-laws.

This case was of Shekhar Dahiya, son of Chaman Pal Singh, living in Bhojpur village of Ghaziabad. Shekhar's Pals had registered this case in Bana Budhana of Muzaffarnagar district. Actually, Shekhar's wife is a resident of Budhana police station area and she was married to Shekhar on 21 June 2022. The two did not last even six months of household work and the wife had accused the in-laws of demanding a car and two lakh rupees, beating her and even attempting murder. In the complaint given to the police, the wife had also accused Shekhar, her Ban and father-in-law of beating her, trying to kill her by giving a canal, and leaving her on the road in her maternal home on the night of 12 December 2022. The whole case was complicated and serious due to many sections, in such a situation, Advocate D D Arya studied it closely and after studying many famous cases of the past to get anticipatory bail granted to the victim husband and family, presented his arguments before ADJ Nishant Singla in the District Court of Muzaffarnagar. He also told that it has become clear in the investigation of the IO that the allegations made related to section 354 and 307 of IPC were false because at the time of the incident, the location of Shekhar's wife was at her maternal home, not Susan's. Advocate D D Arya also cited the case of Satendra Kumar Pantil vs CBI and others (2022) 10 SCC 51 for anticipatory bail, after reviewing which ADJ FTC-1 on 26 October 2023 approved the anticipatory bail of husband Shekhar, his wife and father in this entire case. In this way, once again, the able Supreme Court advocate D D Arya has proved that where there is a will there is a way. --- March 2024 Ganga Mahima pg.27

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Case Achievement published in Ganga Mahima Periodical Magazine - Mar 2024 Pg.27

When section 498A became a weapon, DD Arya became the shield of the victims Supreme Court lawyer DD Arya wrote another success story by gett...