Certain Wives Initiate Criminal Cases Based On Vague Allegations To Wreak Vengeance Against Husband & His Relatives: Kerala HC
|The Kerala High Court remarked that certain wives initiate criminal cases based on vague allegations to defame the image of the husband and his relatives.
The Court was dealing with a criminal miscellaneous case filed under Section 482 of the Criminal Procedure Code (CrPC) by a 61-year-old woman against the case pending before the Chief Judicial Magistrate.
A Single Bench of Justice A. Badharudeen said, “It is noticed that in matrimonial disputes, in order to wreak vengeance against the husband and relatives of the husband, certain wives initiate criminal proceedings on the strength of vague and omnibus allegations against the parents, sisters, brothers and other relatives of the husband with ulterior motive to put them under the veil of prosecution involving non-bailable offences and to face the ordeal of criminal prosecution and trial by the parents, sisters, brothers and other relatives of the husband, so as to malign and defame their image in the society.”
The Bench added that in such cases, it is the duty of the court to analyse materials available when quashment is sought whether the allegations specifically state anything dealt under Section 498A of the Indian Penal Code (IPC) so as to prosecute the accused for the said offences, by subjecting themselves for trial.
Advocate K.R. Vinod represented the petitioner while Senior Public Prosecutor Renjit George represented the respondents.
Factual Background -
The petitioner lady was the accused for the offence punishable under Section 498A IPC. The only allegation against her was that she became a spectator while the complainant was persecuted at the instance of the accused and did not interfere to stop the same.
It was pointed out by the counsel for the petitioner that as per the F.I. statement, the only allegation against the petitioner was that she became a spectator while the defacto complainant was persecuted at the instance of the accused and she did not interfere to stop the same.
The High Court in the above context noted, “In such cases, it is the duty of the court to analyse materials available when quashment is sought whether the allegations specifically state anything dealt under Section 498A so as to prosecute the accused for the said offences, by subjecting themselves for trial. The cases where no specific allegations to go for trial, prima facie, such cases shall be quashed by the High Court by invoking power under Section 482 of the Cr.P.C. At the same time, when specific allegations pointing out the overt acts which would attract the offence under Section 498A could be seen, prima facie, from the prosecution case, such cases shall not be quashed.”
The Court said that the only general and sweeping allegations without bringing on record any specific instance of cruelty at the instance of the petitioner was the substratum on which the mother got arraigned as an accused and therefore, the quashment as sought by the petitioner is liable to be allowed.
Accordingly, the Court allowed the petition.
Cause Title- Shyamala Bhasker v. The State of Kerala & Anr. (Neutral Citation: 2024:KER:35655)
Appearance:
Petitioner: Advocates K.R. Vinod, M.S. Letha, K.S. Sreerekha, and Nabil Khader.
Respondents: Senior Public Prosecutor Renjit George, Advocates George Mathew, and Sunil Kumar A.G.