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Synopsis

The Gujarat High Court recently criticized the trend of women using pressure tactics and dowry allegations against their husbands and in-laws to make charges of domestic violence and cruelty more severe.

Court noted that in many cases, along with Sections 498A, 323, etc., of the IPC, Sections 3 and 7 of the Dowry Prohibition Act, are also invoked to make the offence graver, which is a pressure tactic adopted by the wife.

The bench of Justice D.A. Joshi highlighted the issue while quashing a 2019 FIR filed by a woman against her husband and in-laws. The woman had accused them of cruelty under IPC Section 498A, along with assault, abuse, and criminal intimidation. She also invoked provisions of the Dowry Prohibition Act and later filed a complaint under the Domestic Violence Act.

The accused approached the High Court, praying the FIR to be quashed, claiming the charges were false.

The woman had married in January 2018 and left her matrimonial home in June 2019 to file the FIR and the domestic violence case. She later agreed to quash the FIR and returned to her husband but eventually left for her parental home again.

Upon reviewing the FIR, the High Court found the allegations vague, with no specific instances of mental or physical cruelty detailed.

Court said, “It seems that it is a domestic dispute between the husband and wife, wherein as usual, all the family members have been roped in as accused persons.”

Court observed that not only the Supreme Court but also the High Court have noted numerous cases where there is a tendency to make exaggerated allegations, implicating every relative of the husband.

It remarked, “If one of them happens to be of a higher status or vulnerable standing, he or she becomes easy prey for better bargaining and blackmailing.”