Courts should be cautious dealing with criminal cases based on matrimonial disputes: HC
Times of India | 13 February 2025
123 Kolkata: Quashing FIRs against two sisters-in-law under section 498A of the Indian Penal Code (IPC), Calcutta High Court on Wednesday stated that the courts need to be ‘cautious' and consider pragmatic realities when dealing with criminal cases based on matrimonial disputes.
"The tendency to implicate the husband and all his immediate relatives is also not uncommon. Even after the conclusion of a criminal trial, it is often difficult to ascertain the real truth. The courts have to be extremely careful and cautious while dealing with these complaints and should take pragmatic realities into consideration while handling criminal cases based on matrimonial disputes," Justice Ajay Kumar Gupta observed.
A woman filed a complaint under section 498A at Lake Town police station on Sept 27, 2021, against her husband and in-laws. She alleged that her husband demanded her to bring money from her father as the dowry given at the time of marriage was not sufficient. Whenever an objection was raised, she alleged, she was tortured both mentally and physically by her mother-in-law and other in-laws. She repeatedly accused her husband and in-laws of inflicting torture. But the HC noted that no specific role could be attributed to the married sisters-in-law, who approached the high court seeking quashing of the criminal complaint.
The court did not find any specific allegation made against the sisters-in-law and stated the allegations were "general and omnibus" in the written complaint. A charge sheet was also submitted against the accused persons on Aug 31, 2022, under sections 498A and 34 of IPC.
Moreover, it was noted that the couple married on May 5, 2009, and had a child on March 1, 2010, who is presently around 15 years old.
The wife has been residing at her parents' place with her daughter since Sept 16, 2021. She lodged the complaint on Sept 27, 2021, at the Lake Town PS after almost 12 years of her marriage. Meanwhile, the sisters-in-law married on Feb 16, 2007, and Nov 3, 2009. They were residing in their matrimonial homes away from the matrimonial home of the wife.
The woman alleged that her sisters-in-law threatened her over the phone. However, no specific date, time, or mobile number was mentioned in the written complaint or in her statement. "This creates a situation where it is impossible to ascertain the role played by each accused in furtherance of the offence. Therefore, the allegations are found general and omnibus and can, at best, be said to have been made only to implicate the petitioners," Justice Gupta held.
Graphic:
The wife filed a complaint under section 498A at Lake Town PS on Sept 27, 2021, against her husband and in-laws
The couple married on May 5, 2009, and had a child on March 1, 2010, who is presently around 15 years old
The wife has been residing at her parents' place with her daughter since Sept 16, 2021
She lodged the complaint on Sept 27, 2021, at the Lake Town police station after almost 12 years of her marriage