By: Express News Service | New Delhi |
February 9, 2022 2:38:29 am
A bench of Justices S Abdul Nazeer and Krishna Murari said this while quashing an FIR against the in-laws of a woman who had accused them and her husband of cruelty and harassment for dowry.
WITH FRICTION rising in marriages, there is “increased tendency to employ provisions such as 498A IPC”, which was “aimed at preventing cruelty committed upon a woman by her husband and her in-laws by facilitating rapid state intervention…, as instruments to settle personal scores against the husband and his relatives”, Supreme Court said Tuesday.
A bench of Justices S Abdul Nazeer and Krishna Murari said this while quashing an FIR against the in-laws of a woman who had accused them and her husband of cruelty and harassment for dowry.
Deciding their appeal against the November 13, 2019 order of Patna High Court, which had dismissed their plea against the FIR dated April 1, 2019, the bench said that “the allegations made against them being general and omnibus, do not warrant prosecution”.
The judgment said that “upon a perusal of the contents of the FIR… it is revealed that general allegations are levelled” against the appellants. The complainant had alleged that the accused harassed her mentally and threatened her of terminating her pregnancy.
The court also said that the complaint “fails to establish specific allegations against the in-laws”.
“Allowing prosecution in the absence of clear allegations against the in-laws appellants would simply result in an abuse of the process of law,” it said.
“It becomes pertinent to mention that incorporation of Section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws by facilitating rapid state intervention,” the judgment said.
However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever.”
“This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives.”
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By: Express News Service | New Delhi | February 9, 2022 2:38:29 am A bench of Justices S Abdul Nazeer and Krishna Murari said this while quashing an FIR against the in-laws of a woman who had accused them and her husband of cruelty and harassment for dowry. WITH FRICTION rising in marriages, there is “increased tendency to employ provisions such as 498A IPC”, which was “aimed at preventing cruelty committed upon a woman by her husband and her in-laws by facilitating rapid state intervention…, as instruments to settle personal scores against the husband and his relatives”, Supreme Court said Tuesday. A bench of Justices S Abdul Nazeer and Krishna Murari said this while quashing an FIR against the in-laws of a woman who had accused them and her husband of cruelty and harassment for dowry. Deciding their appeal against the November 13, 2019 order of Patna High Court, which had dismissed their plea against the FIR dated April 1, 2019, the bench said that “the allegations made against them being general and omnibus, do not warrant prosecution”. The judgment said that “upon a perusal of the contents of the FIR… it is revealed that general allegations are levelled” against the appellants. The complainant had alleged that the accused harassed her mentally and threatened her of terminating her pregnancy. The court also said that the complaint “fails to establish specific allegations against the in-laws”. “Allowing prosecution in the absence of clear allegations against the in-laws appellants would simply result in an abuse of the process of law,” it said. “It becomes pertinent to mention that incorporation of Section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws by facilitating rapid state intervention,” the judgment said. However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever.” “This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives.” 📣 The Indian Express is now on Telegram. Click here to join our channel (@indianexpress) and stay updated with the latest headlines For all the latest India News, download Indian Express App. © The Indian Express (P) Ltd