In a recent case, a FIR and a chargesheet were filed under Section 498A of the IPC against 8 relatives of the husband. The Court quashed the said FIR and chargesheet, however upholding the proceedings against the husband and the mother-in-law.
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While deciding the case of X v. State of Karnataka recently, the Karnataka High Court mentioned that it is often seen that the provisions under Section 498A are misused by dragging such family members of the husband who even stay somewhere else than the residence of the couple.
In the above mentioned case, a FIR and a chargesheet were filed under Section 498A of the IPC against 8 relatives of the husband. The Court quashed the said FIR and chargesheet, however upholding the proceedings against the husband and the mother-in-law.
Observation by the Court-
- A Criminal Petition was filed in the High Court to quash the FIR as well as the chargesheet which were registered under Section 341, 498A, Section 504 r/w Section 34 of the IPC.
- Allegations were made by the petitioner against her husband and mother-in-law mainly as well as the name of eight other members from the family of the husband were included in the complaint as well.
- The Court observed that neither the complaint nor the investigation report could clearly explain the involvement of these either other members in a clear manner, as the specific details of the harassment have not been narrated properly.
- The Court also expressed concerns over the repeated misuse of Section 498A without any evidence regarding the charges framed and it could be seen that even minute problems amongst the couple could end up before the Court, even involving such relatives on the side of the husband who live miles apart from the couple.
- Justice Joshi while hearing the proceedings remarked that it may be possible that the couple does have some differences, however such differences, in some cases, be presented as instances “which actually never took place” so that their case could fall under the purview of Section 498A.
- In the present case, the High Court quashed the FIR which was filed against eight other relatives of the husband under Section 498A on the grounds of cruelty, adding that such relatives who live separately from the couple, are being made accused with omnibus allegations (broad or general allegations) in order to bring them within the purview of this Section.
- The Court however allowing partial relief to the wife did allow the case against the husband and the mother in law, as it was found that most of the complaints were mainly against the husband and the mother in law.
Sharks of Law offers you experienced lawyers dealing with both civil as well as criminal matters, who could offer you necessary legal counsel as required on the basis of the facts of your cases. Renowned criminal lawyers such as Adv. Tanvi, Adv Kansal could help you with cases dealing with maintenance issues, divorce, dowry cases, cruelty, etc or for any other issue related to the criminal law.
What is Section 498A of the IPC ?
Section 498A of the Indian Penal Code provides that if the husband or any of his relatives perform such act which could be constituted as cruelty upon his woman, shall be liable to be punished with imprisonment for a period of three years or more as well as fine as the Court deems to be necessary or adequate.
For an act to be treated as cruelty as per the Section 498A, some essential components are-
- Married women
The woman must be married to the man, as the provision was added to ensure protection to a married woman from her husband and in-laws.
- Cruelty or harassment
The woman must be treated with cruelty or harassment, it could be physical, emotional, psychological or financial in nature.
- Husband or in-laws
For the application of Section 498A of the IPC, the act of cruelty must be committed by the husband or in-laws
- Wilful conduct
Such cruelty must be wilful and intentional on part of the husband or in-laws in order to conduct harm to the wife.
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Adv Vipul Singh Raghuwanshi
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