Home Judgments & Orders Bombay High Court Section 498-A of IPC Being Misused To Implicate Husband’s Entire Family: Bombay...

Section 498-A of IPC Being Misused To Implicate Husband’s Entire Family: Bombay High Court

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Last week, the Bombay High Court observed that nowadays, it has become a  tendency to make vague and omnibus allegations, against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code.

This observation was made by High Court while quashing an FIR alleging dowry harassment by the in-laws of a woman for lack of prima facie case.

A divisional bench of Justice ZA Haq and Justice AB Borkar said that, “On overall reading of F.I.R. impugned and the charge-sheet, we are of the opinion that, there are no allegations against the present applicants which constitute offences alleged against the applicants. Hence, we are of the opinion that continuance of present proceedings would amount to an abuse of process of law.”

Further the bench said “Nowadays, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code.”

It is necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute an offence and meet the requirements of the law at least prima facie.

“Hence, it has become necessary for the courts to carefully scrutinise the allegations and to find out if the allegations really constitute an offence and meet the requirements of the law, at least prima facie,” the bench added.

In the present case, sisters-in-law and brother-in-law have been arraigned as accused without there being specific allegations as regards the nature of cruelty, as contemplated by Section 498-A of the Indian Penal Code.

“On overall reading of the FIR and the charge sheet, we are of the opinion that there are no allegations against the present applicants which constitute offences alleged against them, hence we are of the opinion that continuance of present proceedings would amount to an abuse of process of law,” the bench added.

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