Mumbai: The Bombay High Court has observed that while Section 498A of the IPC was enacted to curb cruelty inflicted on married women, there has been a notable rise in matrimonial discord accompanied by a tendency to implicate all members of the husband’s family. The court made this observation while quashing an FIR and charge-sheet filed against a husband and seven of his relatives.
The HC was hearing a petition filed by husband, his parents, sisters and other relatives seeking quashing of an FIR registered against them in July 2023 at a Pune police station, alleging cruelty and harassment. They contended that the allegations were vague, omnibus and failed to satisfy the statutory requirements of cruelty under Section 498A.
A bench of Justices Bharati Dangre and Shyam Chandak noted that the marriage was solemnised in 2017 and that, by the complainant’s own version, she had lived a “happy married life” for nearly five years. A son was born from the wedlock in 2019. The bench observed that the allegations against the in-laws surfaced much later and were largely based on general assertions without specific details.
“The allegations against the mother-in-law and sisters-inlaw are vague in nature and lack particulars,” the court observed, adding that it was “surprising” that allegations of dowry demand were raised several years after marriage and after the birth of a child. The bench further noted that the couple had been residing separately from the husband’s family for most of their married life due to his employment, first at Nagpur and later at another location. The wife’s visits to the in-laws’ house were limited to festive occasions, making the sweeping allegations against relatives living separately inherently doubtful.
“Except a bald statement regarding dowry demand, no material is placed on record to attract the ingredients of ‘cruelty’,” it said, adding: “Harassment allegations against relatives living separately and visiting occasionally must be scrutinised with great care and circumspection,” the bench observed.
Finding that continuation of the prosecution would amount to an abuse of the process of law, the court quashed the FIR and charge-sheet. After allowing the plea, the court recorded the husband’s statement that he was willing to resume cohabitation with his wife and child. With consent of both sides, the matter was referred for mediation before a retired High Court judge, noting that the dispute appeared to arise from “normal wear and tear of married life.”
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
