The Jharkhand High Court has expressed apprehension regarding the misuse of Section 498A of the Indian Penal Code (IPC), which deals with cruelty against married women. The concern arose during a case involving allegations made by a wife against her husband’s relatives, prompting the court to scrutinize the accusations carefully. The court emphasized the importance of ensuring fairness in legal proceedings and quashed the criminal case against the accused trio due to the absence of direct allegations.
Ranchi: The Jharkhand High Court raises concern over falsely implicating husbands’ relatives in criminal cases by wife under Section 498A of the Indian Penal Code (IPC). The observation came during a hearing of a criminal miscellaneous case presided over by Justice Sanjay Kumar Dwivedi. The court emphasized that such practices have adverse implications for society.
Background
The case in question pertained to a petition filed for the quashing of criminal proceedings initiated against Neeraj Kumar, Umesh Kumar, and Shiva Singh. These individuals are brothers-in-law of the wife who lodged an FIR in Garhwa against them and her husband.
The FIR alleged that the accused persons subjected the wife to cruelty and demanded dowry. It detailed instances of assault and threats of eviction from her matrimonial home if the demands were not met. Following an investigation by the Garhwa police, a chargesheet was submitted before the Chief Judicial Magistrate (CJM) in Garhwa, who issued summons to the accused.
Section 498A of the Indian Penal Code (IPC) deals with the offense of cruelty by husbands or relatives of husbands towards married women. It states that whoever, being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine. This section aims to protect married women from harassment and cruelty in their matrimonial homes. However, concerns have been raised about its misuse in certain cases, leading to debates on its effectiveness and scope.
The accused individuals approached the High Court, contending that they were falsely implicated in the case. They argued that there were no direct allegations against them and that they were included in the FIR solely because of their relationship to the husband.
After careful consideration, the High Court quashed the criminal case against Umesh Kumar, Neeraj Kumar, and Shiva Singh. The court emphasized the absence of a prima facie case against them and that the case was solely due to their relationship with the husband.
