Allegations against husband’s relatives must be scrutinized with great circumspection in proceedings under S. 498-A of IPC

Bablu Khan Vs State of Bihar

Patna HC

27/03/2019

CRIMINAL MISCELLANEOUS No. 48959 of 2014

About/from the judgment:

The High Court quashed criminal proceedings against relatives of a man accused of torturing his wife and demanding dowry from her, holding that allegations against them were of general nature and as such, allowing proceedings against them to continue would amount to abusing the process of the Court.

 

The instant proceedings arose under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of a complaint case whereunder cognizance was taken against petitioner/husband under Section 498-A of the Penal Code, 1860 for demanding dowry and torture. Primary argument advanced on behalf of the opposite party 2/ wife was that her husband had remarried and was staying with two other wives at Mumbai and that he was refusing to accept her and her two sons without payment of Rs. 5 lakhs for purchase of a kholi.

 

Learned counsel for the petitioners Mr Uday Kumar submitted that they were the husband’s brothers and his sisters-in-law, who had nothing to do with the matrimonial discord between the parties. It was submitted that they had no objection if opposite party no. 2 and her two sons reside in the matrimonial/ancestral home of the husband.

 

The Court took note of judgment in Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667, where it was held that allegations against husband’s relatives must be scrutinized with great care and circumspection. It was observed that allegations against petitioners were general and omnibus in nature. Admittedly, the main grievance of the wife was against the husband.

 

It was opined that since the petitioners had taken a categorical stand to give sufficient place/space to the opposite party 2, as per share of her husband, in the ancestral/ matrimonial home, therefore letting the criminal proceeding against them to continue would be an abuse of the process of the Court. Accordingly, the application was allowed.

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