In-laws discharged of Sec 498-A IPC where complainant roped in all family members without ascribing specific roles

Anju Vs State-NCT of Delhi

Delhi HC

04/02/2019

CRL.REV.P. 730/2016

About/from the judgment:

The High Court dismissed a petition filed against the judgment of Revisional Court whereby petitioner’s / complainant’s in-laws were discharged of the offences under Sections 498-A and 34 IPC.

 

In 2013, petitioner had filed an FIR against her husband and in-laws alleging harassment. It was alleged that her husband used to come late and beat the petitioner and when she complained to her in-laws, they behaved in the same manner. She was thrown out of the matrimonial house and was threatened not to enter again.

 

Anuj Kr Ranjan, Advocate for the petitioner submitted that there was sufficient material on record to substantiate framing of charge under Section 498-A. Per contra, Kishan N. Rana, Advocate for in-laws submitted that allegations against them were bald and even the investigation did not ravel any incriminating material.

 

After perusing the FIR, it was noted by the High Court that “in one breath, the petitioner named all the family members without specific role ascribed to any one of them.”Though instances were mentioned vis-a-vis her mother-in-law and brother of father-in-law, however, no specifics about date, time or place were given. Omnibus allegations were made which according to the Court did not justify framing a charge under Section 498-A as “for a change to be framed, the evidence gathered by the prosecution should not only give rise to suspicion but there should be grave suspicion that the accused have committed the offence.” Consequently, the petition was dismissed. It may be noted that in the present case, a charge was framed against the husband who was facing trial.

Read the Judgment

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