Sisters-In-Law Compelling Wife To Show House Cleaning On Video Call Is “Sadist Manner Of Ill Treatment”: Bombay HC Dismisses Plea To Quash FIR U/S 498A IPC
The Bombay High Court refused to quash an FIR against the husband and his family while observing that the sisters-in-law compelling a wife to show them the house cleaning over video calls is a “sadistic manner of ill-treatment.”
A Division Bench of Justice A. S. Gadkari and Justice Neela Gokhale observed, “The allegations against the sisters-in-law pertaining to compelling the Complainant to show them the house cleaned by her on what’s app video call appears to be a peculiar and a sadist manner of ill treatment. This is enough to cause apprehension in the mind of the Complainant that, there was danger to her life and limb at the hands of the Petitioners.”
Advocate Vrushabh Savla appeared for the petitioners, while APP V. N. Sagare represented the respondent.
The husband and his family (petitioners) sought quashing of the FIR and criminal proceedings for offences punishable under Sections 498-A, 406, 504 and 34 of the IPC.
The wife (complainant) had lodged an FIR alleging cruelty at the hands of her husband and in-laws. She claimed that her sisters-in-law quarrelled with her and drove her out of the house. The Complaint outlined that the husband and his family had retained all the jewellery comprising her ‘streedhan’ with them and refused to return the same. The wife also claimed to have been abused regarding cleaning the house.
The petitioners argued that the complaint was a matrimonial dispute which had been given a criminal colour by misusing the due process of law. It was also pointed out how Section 498 A of the IPC was being abused and had already come under heavy criticism from the Delhi High Court.
The wife prayed for the dismissal of the petition since the statements of the witnesses corroborated the story of the complainant in the FIR.
The Court stated that specific and categoric roles were attributed to each petitioner independently and collectively in the FIR. “A fair reading of the FIR reveals that, the complainant, a woman-a newlywed daughter-in-law was pitted against the might of the five Petitioners, who were abusing and ill treating her on petty issues,” the Court noted.
The Court stated that the sole aim for the alleged ill treatment appeared to be to extort money from the wife and her parents. “This is clear from the fact that, even after driving her out of the matrimonial home, they have refused to hand over her ‘Streedhan’ comprising of valuable jewellery and her articles,” the Bench added.
Consequently, the Court held, “The allegations in the FIR prima facie disclose commission of the alleged offences. For the reasons set out above, we are not inclined to quash the FIR and the consequent criminal proceedings arising therefrom.”
Accordingly, the High Court dismissed the petition.
Cause Title: X & Ors. v. The State of Maharashtra & Anr. (Neutral Citation: 2024:BHC-AS:29528-DB)
Appearance:
Petitioners: Advocate Vrushabh Savla
Respondent: APP V. N. Sagare; Advocate Prerak P. Chaudhary
