Supreme Court: How to appreciate material on record in an offence U/S 498A of IPC?
Instances of a husband’s family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin. Precedents aplenty abound on this score. We may now take note of some decisions of particular relevance. Recently, in Kahkashan Kausar alias Sonam and Ors. v. State of Bihar and Ors. [ MANU/SC/0163/2022 : (2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash a FIR registered for various offences, including Section 498A Indian Penal Code. Noting that the foremost issue that required determination was whether allegations made against the in-laws were general omnibus allegations which would be liable to be quashed, this Court referred to earlier decisions wherein concern was expressed over the misuse of Section 498A Indian Penal Code and the increased tendency to implicate relatives of the husband in matrimonial disputes. This Court observed that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in misuse of the process of law. On the facts of that case, it was found that no specific allegations were made against the in-laws by the wife and it was held that allowing their prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law. It was also noted that a criminal trial, leading to an eventual acquittal, would inflict severe scars upon the Accused and such an exercise ought to be discouraged.
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- In Preeti Gupta and Anr. v. State of Jharkhand and Anr. [ MANU/SC/0592/2010 : (2010) 7 SCC 667], this Court noted that the tendency to implicate the husband and all his immediate relations is also not uncommon in complaints filed Under Section 498A Indian Penal Code. It was observed that the Courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases, as allegations of harassment by husband’s close relations, who were living in different cities and never visited or rarely visited the place where the complainant resided, would add an entirely different complexion and such allegations would have to be scrutinised with great care and circumspection. IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 1457 of 2015 and 1456 of 2015
Decided On: 31.08.2023
Abhishek Vs. State of Madhya Pradesh
Hon’ble Judges/Coram:
Aniruddha Bose, P.V. Sanjay Kumar and S.V. Bhatti, JJ.
Author: P.V. Sanjay Kumar, J.
Citation: Citation: 2023 INSC 779, MANU/SC/0950/2023