Misuse of Sec 498A- General and Stray Allegations against Relatives doesn’t Establish Offence

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June 14, 2019

The High Court of Bombay in the case exonerated the distant relatives from offence under Section 498A of IPC on the ground that there were no specific allegations against them.

Case name- Nikhil s/o. Vijay Chavan and ors. v. The State of Maharashtra

In the case, the applicants have filed petition to quash the FIR for the offence punishable under Sections 498-A of the Indian Penal Code (IPC). The complainant had alleged that her husband and in-laws subjected her to continuous torture on account of unlawful demand of money. The Petitioner has averred that that the allegations made by the complainant are baseless and stray allegations and specifically there were no specific allegations against applicants No. 4 to 7, who were distant relatives residing separately from husband and in-laws of complainant.  

Bombay High Court

In view of the facts and circumstances of the case, the High Court quashed the FIR against applicants 4 to 7 in the case, whose names were mentioned in the FIR and were distant relatives of the complainant’s husband.

The High Court while deciding the petition under Section 482 of Code of Criminal Procedure noted that the allegations nurtured against applicants No. 4 to 7 i.e. distant relative of husband were vague and general in nature and there were no specific allegations in regard to their overt-act for maltreatment and harassment to the complainant.

The High Court also noted that in the FIR there were no detail particulars about participation or role played by these applicants No. 4 to 7 for their act of humiliation or insult to the complainant on account of her character.

The Court while quashing the Petition also made reference to Supreme Court’s verdict in the case of Kansraj Vs. State of Punjab, wherein the Court held that in the cases where accusations are made, the overt-acts attributed to persons other than husband, are required to be proved beyond reasonable doubt.

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