Indian Penal Code, 1860
Section 498A—Misuse of section—Implication of all the members of husband’s family without specific allegations indicating their active involvement—Making vague and generalized allegations during matrimonial conflicts, if not scrutinized, will lead to misuse of legal processes and encouragement for use of arm twisting tactics by a wife and/or her family—A mere reference to the names of family members in a criminal case arising out of matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud—Courts must exercise caution in such cases to prevent misuse of legal provisions and legal process and avoid unnecessary harassment of innocent family members.
[Paras 25 & 28]
Section 498A and Sections 3 & 4 of Dowry Prohibition Act—Cruelty and dowry demand—Refusal by High Court to quash FIR—Appeal—FIR lacks concrete and precise allegations—No substantial and specific allegations have been made against second to sixth appellant other than stating that they used to instigate first appellant for demand more dowry—Admitted fact that second to sixth appellants never resided with the first appellant and second respondent and their children—Allegations of second respondents against appellants are too far-fetched and are not believable—Impugned FIR filed by second respondent was initiated with ulterior motives to settle personal scores and grudges against first appellant and his family members i.e. second to sixth appellants—High Court erred in not exercising powers available to it under Section 482 of CrPC and thereby failed to prevent abuse of the Court’s process by continuing the criminal prosecution against the appellants—Impugned order of the High Court is set aside—Appeal allowed.
[Paras 24 to 26 & 32]