Delhi HC Warns Against False Implication By Fabricated Allegations Against Entire Family In Matrimonial Disputes
|The Delhi High Court on Tuesday held that a serious view needs to be taken of incidents of false cases filed against husbands and their entire families to ensure that social fabric is not ruined and if such acts are allowed, it may lead to further misuse of the process of law.
The Court's observations came in a matter where a false incident of the suicide of a woman was reported and a case of cruelty under provisions of dowry law was lodged against her in-laws and husband who was also incarcerated.
Senior Advocate Mohit Mathur appeared for applicant Anil Kumar Talan while Rajni Gupta, APP appeared for the state.
It noted that while the woman was alive, false information regarding her suicide was given after which a case was lodged against her in-laws and her husband was arrested.
While a case for the alleged offences of cruelty, abduction to murder, and provisions of the Dowry Prohibition Act was registered against the husband and in-laws, another FIR was filed by the man's mother alleging that to extort money from them, his wife hatched a conspiracy with her family members and planned her disappearance from the matrimonial house and gave false information of her suicide.
In the present case, the woman's brother approached the high court seeking anticipatory bail in the cheating and conspiracy FIR lodged against him and his family.
The High Court, however, denied anticipatory bail to him considering the grave nature of the allegations and the fact that criminal proceedings under Section 364 (kidnapping or abduction in order to murder) IPC were falsely initiated in connivance.
A bare perusal of aforesaid factual position reveals that to wreak vengeance for oblique motive, the incident of alleged suicide was fabricated. The same not only led to ignominy, adverse media coverage, and misery for the family of the complainant but also resulted in undue incarceration of the woman's husband.
The criminal proceedings were initiated as a gross abuse of the process of law. The implication and consequences of such conduct may not have been fully visualised by the petitioner at the aforesaid time but the uncalled-for detention of the woman's husband definitely ruined the chances of settlement. The law appears to have been used as a weapon than a shield by fabricating the incident of disappearance and suicide, Justice Anoop Kumar Mendiratta said in the order.
The judge further said, "I am of the considered view that a serious view needs to be taken of such incidents to ensure that social fabric is not ruined by such fabrication of facts. If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions".
The High Court noted that interim protection from arrest to the woman has already been denied during the pendency of her anticipatory bail in the cheating case.
At this stage, it cannot be ignored that the woman was in touch with the family members during the aforesaid period and consequently her husband Kumar remained in custody. Also, the matter appears to have been highlighted in media on the basis of the alleged suicide note, which the prosecution seeks to recover, it said.
Click here to read/download Order
With PTI inputs