Delhi Court highlights “misuse of legal provisions” under Section 498A, discharging husband and family members from false cruelty charges involving dowry and harassment allegations.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: A local court has discharged a husband and his family members from charges of cruelty, dowry harassment, and sexual offences. Judicial Magistrate Shruti Sharma, in an order dated August 14, observed that the complainant had made “exaggerated” and “sweeping” allegations not with the intent to seek justice, but to settle personal scores.
ALSO READ: Taunts Over Complexion ‘Not Cruelty’ Under Section 498A, Says Bombay High Court
Background of the Case
The complainant, a married woman, had filed a case alleging physical, mental, and sexual cruelty, along with repeated demands for dowry. She implicated as many as seven family members, including her husband, brother-in-law, and father-in-law, and alleged offences under Sections 498A (cruelty to married woman) and 354 IPC (outraging modesty of a woman).
She further claimed that her husband subjected her to “unnatural sexual acts” on the very first night of marriage, causing pain and bleeding, and also alleged attempts of sexual assault by her father-in-law and brother-in-law.
Court’s Observations
The court noted several inconsistencies and exaggerations in the woman’s claims:
- Sweeping Allegations Against Entire Family: The complainant implicated almost every male member of her husband’s family under serious charges. The court held that this “points towards a misuse of legal provisions.”
- Marriage Breakdown vs. Cruelty: The woman admitted that despite sharing a room, her husband did not speak with her. The court said this reasonably established the irretrievable breakdown of marriage, but not cruelty as defined under Section 498A.
- Unsubstantiated Sexual Allegations:
- The allegation of attempted rape by the father-in-law was termed “casual” and “unsupported”, undermining the credibility of genuine victims.
- The claim of molestation by the brother-in-law appeared to be an “afterthought”.
- The charge of “unnatural sex” by the husband lacked medical evidence as the complainant refused to undergo a medical examination.
The court also discharged the accused from misappropriation of stridhan, finding no substantive proof. The Court said,
“No Medico-Legal Case (MLC) or contemporaneous medical evidence has been brought on record to corroborate this allegation. Pertinently, the chargesheet states that the complainant refused to undergo medical tests to substantiate the allegation.”
Courts have repeatedly stressed that cruelty has to be so severe that it endangers the life of the woman or pushes her towards suicide. Minor disputes or breakdown of communication in marriage cannot be stretched to fit this definition.
The court highlighted that the casual use of serious charges like rape or molestation not only harms the accused but also undermines the fight of real victims.
The Court said,
“The casual use of an extremely serious allegation like attempt to rape, without any supporting detail or step taken to seek protection or report it to authorities, undermines not only the credibility of the complainant’s case, but also the integrity of real victims who bear the trauma and social stigma of such offences. In these circumstances, where allegations are vague, general, inconsistent, and unsupported, no grave suspicion arises.”
Click Here to Read Our Reports on Section 498A
