Nowadays Wife Thinks Police Complaint Is The Only Panacea To Teach A Lesson To Husband's Family Over Marital Discord: Bombay High Court

While quashing an FIR lodged against seven members of a family,  the Nagpur bench of the Bombay High Court bemoaned the misuse of section 498A at the hands of women by roping in all the family members of the husband in criminal cases only to settle their personal scores. 

A division bench of Justices Anil Kilor and Pravin Patil expressed concern over such a tendency of women implicating all the family members of a husband in criminal cases. 

"It is noticed that now a days in the proceedings arising out of matrimonial discord, there is tendency of wife to implicate the husband and his family members in the web of crime. The police complaint is considered in such matters as the only panacea to teach lesson to the family members of the husband. As such, only out of ulterior motive to settled personal score wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband has to face the agony of criminal trial, when no prima facie case is made out against them," the judges observed in the order passed on June 9. 

The bench was hearing a petition filed by a husband and his seven family members - all seeking to quash the FIR lodged against them under sections 498A (cruelty), 323 (voluntarily causing hurt) , 504 (intentional insult) , 506 (criminal intimidation) of the Indian Penal Code (IPC) and the relevant provisions of the Dowry Prohibition Act.

In the FIR lodged on August 30, 2023, the wife alleged that after her marriage on June 2, 2014 with her husband, she was subjected to mental and physical cruelty at the instance of him and his family members. She alleged that she was insulted by saying that she is a daughter of beggar and no one likes her and further she was ill-treated for giving less dowry in the marriage.

The in-laws contended that the dispute is nothing but a matrimonial discord between the husband and the wife and that she has made false allegations only to settle scores. They pointed out that in 2022, the complainant wife left the matrimonial house without informing anyone and she was searched by the police on a complaint filed by the husband and the in-laws.

It was further pointed out that the husband had already filed a divorce petition before a Family Court in Buldhana district and the same is pending judgment. 

"Therefore, it is clear that there is a dispute since June 29, 2022 between the husband and the wife. Furthermore in the entire FIR and her statement, her main grievance is against the husband. She has specifically stated that her husband was doubting her character and out of that she was mercilessly beaten by him. It is evident from record that due to matrimonial discord, proceeding of divorce is pending. This fact suggest that there was a serious dispute between husband and wife. Hence, there is a reason to believe the allegations of the wife against her husband. At this stage, same cannot be denied," the judges opined. 

The bench, therefore, refused to quash the FIR as against the husband. However, as regards the allegations levelled against the parents-in-law, sisters-in-law etc by the wife, the bench noted the same were of general nature.

"It is stated that they used to utter insulting language against her and never respected her as a daughter-in-law and further instigated her husband to cause more harassment to her. In support of this allegation, no details are given such as time, date, place and the nature of harassment. Hence, all allegation against relatives of husband are to be treated as vague and general in nature," the judges observed. 

With these observations, the bench quashed the FIR against the in-laws. 

Appearance:

Advocate Anup Dhore appeared for the Applicants.

Additional Public Prosecutor GS Umale represented the State.

Advocate Pragya Jaiswal represented the Wife. 

Case Title: SDA vs State of Maharashtra (Criminal Application 1565 of 2023)

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