New Delhi, Feb 8 : The Supreme Court on Tuesday observed that on the basis of omnibus dowry harassment allegations by the wife, the relatives of the husband cannot be forced to undergo trial for the offence of cruelty under Section 498A of the IPC.
It also said matrimonial litigation in the country has increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever.
A bench of Justices S.Abdul Nazeer and Krishna Murari said: “Upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial.”
The bench added that it has been highlighted by the top court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.”This court, by way of its judgments, has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them,” it noted.
It observed that incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention.
“However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever.This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives,” said Justice Murari, who authored the judgment on behalf of the bench.
The top court judgment came on an appeal challenging a Patna High Court order, which declined to quash a 2019 FIR against the in-laws under various sections, including Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the IPC.The wife alleged that her in-laws harassed her mentally and even threatened to terminate her pregnancy.
Setting aside the high court order passed on November 13, 2019 and quashed the FIR against the in-laws, the bench noted that allegations against the in-laws were general and omnibus, which does not warrant prosecution.
“Furthermore, no specific and distinct allegations have been made against either of the appellants herein, i.e., none of the appellants have been attributed any specific role in furtherance of the general allegations made against them.This simply leads to a situation wherein one fails to ascertain the role played by each accused in furtherance of the offence,” it added.
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