Bombay high court.

Nowadays, ladies and their households have began making obscure allegations in opposition to each member of the husband’s household, implicating all people underneath Section 498-A of the Indian Penal Code, Bombay excessive court docket noticed final week.

“Nowadays, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code,” stated a division bench of justices ZA Haq and Amit Borkar.

“Hence, it has become necessary for the courts to carefully scrutinise the allegations and to find out if the allegations really constitute an offence and meet the requirements of the law, at least prima facie,” the bench added, and struck down offence of matrimonial cruelty registered by the Nagpur Police in opposition to three individuals underneath Section 498-A.

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The bench struck down the primary data report registered at Sakkardara police station in September 2012 in opposition to Shabnam Sheikh, her husband Arif and Shabnam’s sister Shamans, after noticing that the complainant, Dr Kausar Fatima, spouse of Shabnam’s brother Shabbir, had levelled obscure allegations in opposition to the three.

The bench struck down the offence in opposition to them after noticing that the complainant had alleged that they threatened her saying they have been linked with increased authorities within the police and different departments, and taunted her for being of no use to her husband, regardless of being educated.

The excessive court docket stated the obscure statements and taunts can’t be stated to represent cruelty to a married girl, as contemplated underneath Section 498-A of the IPC.

The bench stated the Supreme Court has repeatedly deprecated the tendency of utilizing the legal justice system as a software for arm-twisting and to settle private scores.

“In the present case, sisters-in-law and brother-in-law have been arraigned as accused without there being specific allegations as regards the nature of cruelty, as contemplated by Section 498-A of the Indian Penal Code,” stated the bench.

“On overall reading of the FIR and the charge sheet, we are of the opinion that there are no allegations against the present applicants which constitute offences alleged against them and hence, we are of the opinion that continuance of present proceedings would amount to an abuse of process of law,” the bench added.


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