Nowadays There Is A Package Of 5 Cases Against Husband And Family Members: Madhya Pradesh HC Quashes Section 498-A FIR Citing Misuse
|The Madhya Pradesh High Court quashed FIR and proceedings in a criminal case stating that Section 498-A IPC is being misused and nowadays there is a package of 5 cases against the husband and family members in family court and the criminal court under I.P.C., the Hindu Marriage Act and the Protection of Women from Domestic Violence Act, 2005. The applicants filed petitions under Section 482 of the Cr.P.C. seeking the quashment of FIR based on a complaint by respondent No.2. The complaint alleged offenses under Sections 498-A, 323, and 34 of the IPC. The petitioner sought quashment of the proceedings in a criminal case.
A Bench of Justice Vivek Rusia observed that, “In most of the cases, this section is being misused as observed by several High Courts and the Hon'ble Supreme Court. The Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar: [(2014) 8 SCC 273] has observed that the relatives are unnecessarily being made accused under section 498-A of the I.P.C.”
Applicant No.1 was the father-in-law of Respondent 2, and Applicant No.2 was the sister-in-law of Respondent 2. Respondent No.2 was also the complainant, alleging mistreatment and dowry demands. Respondent No.2 and younger son of Applicant 1 got married in 2017 in Indore. Her complaint cited mistreatment, demand for money, and car demands by husband's family. She claimed she was beaten and evicted from the house.
Advocate Amar Singh Rathore appeared for the Petitioners and Advocate Sudarshan Joshi appeared for the Respondents.
The applicants were seeking quashment on the grounds that they were permanent residents of Gurgaon, while the complainant's family resided in Navi Mumbai. The marriage took place in Indore, but the alleged offenses occurred in Gurgaon, and the choice of filing the FIR in Indore was seen as an intention to harass them.
The complainant argued that the allegations are a matter of evidence and that the FIR should not be quashed at this stage. She insisted that the allegations of harassment and dowry demands are genuine and that they constitute mental cruelty.
The Court observed that Section 498-A of the IPC is sometimes misused, and distant relatives are often implicated. It emphasizes the need for careful scrutiny of the allegations and the potential for long and painful legal proceedings.
Ultimately, the Court quashed the FIR, the charge sheet, and the proceedings in the criminal case based on the arguments presented. The Court noted that the complainant and her husband are settled in Australia, and the parents of the husband are being harassed by the ongoing case in India. It highlighted the need to prevent misuse of legal processes and protect the rights of the accused.
Cause Title: Rajan & Anr. v. The State of Madhya Pradesh Station House Officer & Anr.
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