Rapping the police for their “high-handed” investigation, the Bombay High Court has quashed the domestic violence and cruelty case filed by a woman against her mother-in-law (MIL) and father-in-law (FIL). The court noted that the investigation was biased, ill-motivated and appeared to be a gross abuse of the process of law.
The HC was hearing a plea filed by the in-laws seeking quashing of the case filed against them alleging cheating, cruelty and domestic violence.
No prima facie material against in laws: Court
“In the absence of prima facie material, compelling an innocent person to approach the Court for discharge, quashing or to go through a trial and thereby subjecting him to mental trauma, humiliation, stigmatisation and loss of reputation would imperil his personal liberty, which is sacred and sacrosanct,” said a division bench of Justices Anuja Prabhudessai and NR Borkar.
It further added: “In the instant case, despite there being no prima facie material to show the involvement of the petitioners in commission of any cognizable offence, they have been dragged in a matrimonial dispute.”
The MIL passed away pending hearing in the plea, however, the HC quashed the case against her observing that as it was necessary to clear her name, image and reputation.
In 2018, the complainant-woman married to the adopted son of the petitioners. The son later left for Dubai for a job, while the complainant stayed back with her in-laws. She moved to Dubai later with her husband, but would stay at her parents' house whenever she came to Mumbai.
The woman, however, alleged that during her stay in the matrimonial home, her MIL would harass her over trivial issues and her FIL would taunt her. She even alleged that her husband would constantly fight with her and subject her to physical and mental cruelty. She further claimed that he failed to return certain valuables to her.
HC had earlier directed police to not file chargesheet without permisison
Based on her complaint, an FIR was filed by the Malabar Hill police. The old couple approached the HC seeking quashing of the FIR. In 2021, the HC directed the police not to file the chargesheet without its permission.
While quashing the FIR, the HC noted that even if the complainant's allegations against her in-laws were accepted, it would not constitute the offences of cheating or cruelty.
"It is well settled that to prove offence under Section 498-A (cruelty), it has to be established that the woman has been subjected to cruelty continuously or persistently or at least in close proximity of time of lodging the complaint. Petty quarrels do not amount to cruelty,” the judges noted.
The court was also irked with the fact that despite its directions, the police had filed the chargesheet in the case.
“The arbitrary manner in which the investigating agency has investigated this case indicates that the action of the Investigating Officer was to overreach the order of the Court which cannot be countenanced and in fact needs to be deprecated,” the bench underlined.
Also, due to the criminal case against the couple, their bank accounts were frozen at a time when MIL needed funds to treat her COVID-19 condition and pneumonia, the court added.
High handed action by investigating officer: Court
“By such drastic and high handed action, the Investigating Officer compelled the petitioner to beg and borrow money from their relatives for their survival and sustenance, striking at the very right to live with human dignity,” the court added.
Quashing the case, the HC observed: “The Investigating Officer does not have unfettered discretion to brand an innocent person as an accused, to file chargesheet and send him for trial, unless uncontroverted allegations and material collected in course of the investigation raise a suspicion that the person is involved in commission of a cognizable offence.”
