Read Time: 05 minutes
The high court in its order noted that the FIR clearly disclosed a proxy litigation engaged by the husband through his wife against the petitioners to settle his own property dispute
The Bombay High Court has recently observed that Allegations of ill-treatment by a man against his family members do not fall within the scope and ambit of Section 498A of the IPC/
The division bench of the high court, comprising Justice AS Gadkari and Justice Neela Gokhale, was hearing a petition seeking quashing of an FIR filed by a woman against her in-laws, brother-in-law, and sister-in-law.
The FIR was filed against the petitioners under Section 498A (cruelty against wife) of the IPC. However, even though the husband’s family was arraigned as the accused, the husband was not an accused. In the FIR, there was not a single allegation against the husband.
The high court in its order noted that the FIR clearly disclosed a proxy litigation engaged by the husband through his wife against the petitioners to settle his own property dispute.
The high court also observed that the FIR was a complete abuse of the process of law and that police machinery was used to realize private interests.
“Having given our anxious consideration to the facts of the present case and the settled legal position, we are of the opinion that the F.I.R. impugned herein is a complete abuse of the process of law. The police machinery has been used for realizing private interest of the complainant and her husband. The present case is a classic example of gross abuse of Section 498(A) of the IPC,” the order reads.
While quashing the FIR against the petitioners, the bench noted that the list of incidents did not fulfill the ingredients of Section 498A of the IPC.
“Undoubtedly, she has given a list of incidents of cruelty in the F.I.R., however the instances are also of a nature that do not fulfill the ingredients of Section 498(A) of the IPC. Moreover, the allegations are made only against the husband’s relatives. In fact, some of the ill-treatment as alleged is aimed against Virendra and not even the complainant herself. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498(A) of the IPC,” the order states.
Case title: Darrshan Kumar Vilayatiram Khanna vs State of Maharashtra & Ors
Please Login or Register
