Generalised Accusations Becoming Panacea to 'Teach a Lesson' To Husband’s Family: Bombay HC

The Bombay High Court’s Nagpur Bench recently quashed criminal proceedings against a man’s relatives in a domestic violence case, while allowing the case to proceed against the husband.

The bench of Justices Pravin S. Patil and Anil S. Kilor passed the order in a criminal application filed by eight members of a family, including the husband and his relatives, seeking to quash charges filed under Sections 498A (cruelty to wife), 323 (voluntarily causing hurt), 504, 506 of the Indian Penal Code, and Section 4 of the Dowry Prohibition Act.

The complaint, filed by the wife on August 30, 2023, accused her husband and his family members of harassing her for dowry and insulting her background. She claimed that shortly after their marriage in June 2014, she was mentally and physically abused, and often taunted for not bringing sufficient dowry. The case was registered at Police Station Ansing, Washim District.

However, the petitioners told the court that the allegations were retaliatory and stemmed from a matrimonial dispute. They pointed out that the husband had already filed a divorce petition in June 2022 and that the wife had left the matrimonial home without any intimation. A missing person complaint had also been lodged by the husband before that.

The high court observed that the allegations against the husband were specific and serious—especially the wife’s assertion that he doubted her character and physically assaulted her. However, when it came to the other accused (his relatives), the court found the allegations to be “vague and general,” lacking any specific details such as time, place, or nature of harassment.

"It is noticed that nowadays in the proceedings arising out of matrimonial discord, there is tendency of wife to implicate the husband and his family members in the web of crime. The police complaint is considered in such matters as the only panacea to teach lesson to the family members of the husband," the bench noted. 

It emphasized that only out of ulterior motives to settle a personal score, often wifes make generalized and sweeping accusations unsupported by concrete evidence. "As a result, the family members of husband has to face the agony of criminal trial, when no prima facie case is made out against them," court highlighted. 

Stating that in the present case, there was no specific allegation disclosing date, time and place or manner in which alleged harassment was meted out at the hands of relatives of family members, court held that the offenses alleged against them were not at all attracted.

Consequently, court quashed the proceedings against seven accused persons—who include the husband’s parents, siblings, and extended family members—but rejected the husband’s plea for quashing, allowing the case against him to continue before the Washim magistrate court.

Case Title: Xxx and Others vs State of Maharashtra and Others

Download judgment here