Tendency Of Wife To Implicate Husband & His Family In Cases Of Matrimonial Discord: Bombay High Court
The Bombay High Court was considering an application filed by the applicant seeking quashing of a criminal case registered under Section 498-A of the IPC and Section 4 of the Dowry Prohibition Act.
While rejecting the plea of a man seeking quashing of a case registered under Section 498A of the IPC and setting aside the cruelty case against his relatives, the Bombay High Court has observed that the police complaint is considered in matters of matrimonial discord as the only panacea to teach lesson to the family members of the husband.
The Bombay High Court was considering an application filed under Section 482 of the Code of Criminal Procedure whereby the applicant was seeking quashing of a Regular Criminal Case registered under Sections 498-A, 323, 504, 506, read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The Division Bench of Justice Anil S. Kilor and Justice Pravin S. Patil observed, “It is noticed that now a days in the proceedings arising out of matrimonial discord, there is tendency of wife to implicate the husband and his family members in the web of crime. The police complaint is considered in such matters as the only panacea to teach lesson to the family members of the husband. As such, only out of ulterior motive to settle personal score wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband has to face the agony of criminal trial, when no prima facie case is made out against them.”
Advocate Anup S. Dhore represented the Applicants while APP G.S. Umale represented the non-applicants.
Factual Background
The woman in her police report alleged that after her marriage with the first applicant, she was subjected to mental and physical cruelty at the instance of the applicants. She had alleged that she was insulted by saying that she is the daughter of a beggar, and further gave ill-treatment for giving less dowry in the marriage. The applicants challenged the registration of the case against them on the ground that there was a matrimonial discord and the Police complaint lodged against them was only to settle her personal score.
Reasoning
On a perusal of the facts of the case, the Bench noted that there had been a dispute since June 29, 2022, between the husband and wife. Furthermore, in the entire FIR and her statement, her main grievance was against her husband. It was evident from the record that due to matrimonial discord, proceedings of divorce were pending. “ This fact suggests that there was a serious dispute between husband and wife. Hence, there is a reason to believe the allegations of Non-Applicant no.2 against her husband. At this stage, same cannot be denied”, it said.
Coming to the allegations made against the husband’s relatives, the Bench noted that the allegations against them were general, namely that they used to utter insulting language against her and never respected her as a daughter-in-law and further instigated her husband to cause more harassment to her. In support of this allegation, no details were given, such as time, date, place and the nature of harassment. “Hence, all allegation against relatives of husband are to be treated as vague and general in nature”, it added.
The Bench thus found no specific allegation disclosing date, time and place or manner in which alleged harassment was meted out at the hands of relatives of family members.
Thus, the Bench dismissed the criminal application of the husband while quashing the case registered under Sections 498-A, 323, 504, 506, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act against the relatives of the husband.
Cause Title: A v. State (Neutral Citation: 2025:BHC-NAG:5298-DB)
Appearance
Applicants: Advocate Anup S. Dhore
Non-Applicants: APP G.S. Umale, Advocate Pragya Jaiswal