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New Delhi, Nov 4 (IANS) The Delhi High Court has cautioned against the growing trend of misusing Section 498A of the Indian Penal Code (IPC) by indiscriminately implicating distant relatives of husbands in matrimonial disputes without any evidence of their direct involvement.
A single-judge bench of Justice Amit Mahajan made the observation while quashing the FIR lodged under sections 498A, 406 and 34 of the IPC against the husband’s ‘maasi’ (aunt) and her daughter in a dowry harassment case lodged by the wife.
The Delhi High Court said that the petitioners did not live with the complainant-wife or her husband and the allegations against them were “vague, general and all-encompassing” in nature.
Justice Mahajan said, “Mere taunts, casual references, vague claims or ordinary family quarrels occurring in the ordinary wear and tear of marital life are not sufficient to fall within the definition of ‘cruelty’ under Section 498A of the IPC.”
Noting that such allegations “undermine the intent and sanctity” of the anti-dowry-related violence law, the Delhi High Court said Section 498A is now often invoked to implicate “distant relatives of the husband, including uncles, aunts and extended family members who do not even reside in the marital home of the woman.”
Referring to several Supreme Court judgments, Justice Mahajan reiterated that courts should avoid “excessive implication” and “exaggerated versions” intended to put pressure on the main accused. The Delhi High Court said, “If the allegations are far-reaching and it appears that the provisions of Section 498A of the IPC have been misused, the court may intervene in exercise of powers under Section 482 of the CrPC.”
Finding no “serious suspicion” against the petitioners, Justice Mahajan quashed the proceedings, while clarifying that the trial court would be free to proceed against them if new evidence emerged later.
“In the opinion of this Court, no serious suspicion arises against the petitioners for the purpose of framing charges under Section 498A/406 IPC… (and) it considers it appropriate to quash the consequential proceedings arising out of the present FIR.
However, if at some stage, the trial court finds evidence to proceed against the petitioners, it is open to the trial court to take appropriate steps as per CrPC,” the Delhi High Court said.
–IANS
PDS/UK