Indian Penal Code, 1860
Section 498A and Sections 3 & 4 of the Dowry Prohibition Act—Cruelty and dowry harassment—Petition to quash proceedings—Complainant laid emphasis upon infections of the husband on his genital areas which resembled as STD—Husband is guilty of mental harassment dishonestly concealing his mental condition and breaching the trust of the wife—Minute details of certain allegations are made which are found in the complaint—Crux of the complaint was STD on him, making her leave her job after marriage and therefore, she would be dependent upon him—There is not a single sentence about the petitioner demanding dowry and indulging in cruelty for the purpose of demand of dowry—All the harassments that complainant narrates are minor skirmishes between the husband and the wife—Charge sheet would also not indicate any demand of dowry or cruelty on the part of the husband—Prior to filing of charge sheet by the Police, statements were recorded of the family members of the complainant—Attitude of complainant also speaks for itself—It is not a case where there is an iota of ingredient against the petitioner/husband for the offences punishable under Section 498A of the IPC or Sections 3 and 4 of the Act—It is misuse and abuse of criminal justice system by the complainant right from the word go—Complainant in gross misuse and abuse of law has set the criminal law into motion—Such frivolous cases registered by wife have taken enormous judicial time, be it before the concerned Court or before the High Court, and has led to enormous civil unrest, destruction of harmony and happiness in the society—Fit case where husband must be given liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC—Proceedings quashed qua petitioner—Petition allowed.
[Paras 7 to 10]