In a recent case, the Bombay High Court, Aurangabad Bench, dealt with a criminal application seeking to quash an FIR filed against a husband and his family under Sections 498-A, 323, 504, and 506 of the IPC. The complaint was lodged by the wife, alleging cruelty and harassment for dowry after their marriage in 2012, during which they had two children.
Initially, the wife claimed good treatment but later alleged mistreatment and a demand for ?72 lakhs for purchasing a truck. The allegations also implicated her in-laws, accusing them of supporting the husband's demands. A domestic violence complaint was filed in 2019 but was settled in 2020. However, the wife filed another complaint in 2021, leading to the present FIR.
Key Legal Issues:
1. Whether vague allegations without specific instances can support charges of cruelty.
2. Whether repetitive complaints, similar to those previously withdrawn, can initiate fresh legal proceedings.
3. Whether the FIR was filed with the intent to harass the husband's family using legal provisions.
Arguments: The applicants' counsel argued that the FIR was vague and repetitive, pointing to the earlier settlement and questioning the legitimacy of the current complaint. On the other hand, the State and wife’s advocates maintained that the allegations showed a clear pattern of harassment.
Court’s Ruling: The Division Bench of Justice S.G. Chapalgaonkar and Justice Vibha Kankanwadi found the allegations to be vague and lacking in specific details. Referring to landmark judgments like Preeti Gupta v. State of Jharkhand and Kahkashan Kausar v. State of Bihar, the Court emphasized that unsubstantiated and generic claims could not justify criminal charges. The Court warned against the misuse of Section 498-A, noting that such cases, if not bona fide, could lead to undue suffering for the accused and their families.
The High Court quashed the FIR and charge sheet, using its powers under Section 482 of the CrPC to prevent the abuse of legal processes and secure justice.
Case Number: Criminal Application No. 115 of 2023
Bench: Justice S.G. Chapalgaonkar and Justice Vibha Kankanwadi
