Increased Tendency Of Implicating Husband's Relatives In Matrimonial Disputes Without Analysing Long Term Ramifications Of A Trial: Jharkhand HC
The Jharkhand High Court quashed criminal proceedings against a husband observing that there is an increased tendency to implicate relatives of a husband in matrimonial disputes without analysing the long-term ramifications of a trial.
The Court held that “it would be unjust if the petitioners are forced to go through the tribulations of trial on the complaint, where, general and omnibus allegations are made.”
A petition was filed for quashing the entire criminal proceeding including the order of the Chief Judicial Magistrate (CJM) taking cognizance of a complaint filed by a wife against her husband and his family alleging mental harassment for demand of dowry.
Justice Sanjay Kumar Dwivedi observed, “It is revealed that general allegations are levelled against the petitioners. The complainant has alleged that all the accused harassed her mentally and demanded dowry...It is difficult to ascertain the role played by each accused in furtherance of the offence, which is the subject matter of the present case.”
Advocate Praveen Shankar Dayal represented the petitioners, while A.P.P. Bhola Nath Ojha appeared for the opposite parties.
The husband had instituted a petition under Section 9 of the Hindu Marriage Act (HMA) for restitution of conjugal life and the matter was compromised. However, another dispute arose between the parties following which the wife left the company of the husband.
The Court remarked that the complaint filed by the wife was an “afterthought… in retaliation of the said matrimonial suit.”
The Court noted, “Section 498-A of the Indian Penal Code was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of Act 46 of 1983.”
The Court held that the wife had levelled general allegations against the husband and his parents alleging that they harrassed her mentally and demanded dowry but “none of the petitioners have been attributed any specific role in furtherance of general allegation made against them.”
Subsequently, the Court quashed the criminal proceedings and complaint against the husband and his parents.
Accordingly, the High Court allowed the petition.
Cause Title: Neeraj Kumar Singh & Ors. v. The State of Jharkhand & Anr.
Appearance:
Petitioners: Advocate Praveen Shankar Dayal
Opposite Parties: A.P.P Bhola Nath Ojha and Advocate Sanjay Kumar Pandey