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 Patna High Court ruled that derogatory terms like “Bhoot” and “Pisach” directed at a wife do not always constitute ‘cruelty’ under Section 498A of the Indian Penal Code. Despite conviction by lower courts, the High Court overturned the decision due to lack of specific evidence and affirmed its authority to rectify miscarriages of justice.