The Supreme Court quashed an FIR under Section 498A of the IPC against a brother-in-law while observing that a Court should consider whether the implication is an “over implication” to pressurise the family of the husband to yield to the wife’s demands. The Court observed that the allegations in the FIR against the brother-in-law were nothing but an exaggerated version invariably suggesting “over implication.” The Bench dismissed the complainant’s appeal challenging the quashing of proceedings against the brother-in-law by the Punjab and Haryana High Court.
The Supreme Court quashed an FIR under Section 498A of the IPC against a brother-in-law while observing that a Court should consider whether the implication is an “over implication” to pressurise the family of the husband to yield to the wife’s demands. The Court observed that the allegations in the FIR against the brother-in-law were nothing but an exaggerated version invariably suggesting “over implication.” The Bench dismissed the complainant’s appeal challenging the quashing of proceedings against the brother-in-law by the Punjab and Haryana High Court.
The Supreme Court Yesterday (Oct 21) noted that the tendency of over implication is reflected in a large number of cases filed alleging offence under Section 498A IPC and asked the Courts to be cautious about the same. The Court acquitted a man accused under Section 498A IPC while noting that only because he is the husband of guilty sister in law cannot be a ground to hold him guilty under the said offence in the absence of any specific material. The Court was hearing a Criminal Appeal against the decision of the High Court which partly allowed appellant’s appeal whereunder his conviction under Section 498-A of the Indian Penal Code, 1860 was confirmed.
The Supreme Court addressed the misuse of Section 498A, highlighting the replication of this provision in the Bharatiya Nyay Sanhita without ample safeguards for husbands. The bench emphasized refraining from coercive use of law enforcement and urged reevaluation of the provision in light of upcoming implementation. (Word count: 52)
