Justice A Badharudeen opined that courts ought to be especially mindful when considering cases involving allegations under Section 498A of the Indian Penal Code (husband or relative of husband of a woman subjecting her to cruelty).
“It is noticed that in matrimonial disputes, in order to wreak vengeance against the husband and relatives of the husband, certain wives initiate criminal proceedings on the strength of vague and omnibus allegations against the parents, sisters, brothers and other relatives of the husband with ulterior motive to put them under the veil of prosecution involving non-bailable offences and to face the ordeal of criminal prosecution and trial by the parents, sisters, brothers and other relatives of the husband, so as to malign and defame their image in the society. In such cases, it is the duty of the court to analyse materials available when quashment is sought whether the allegations specifically state anything dealt under Section 498A so as to prosecute the accused for the said offences, by subjecting themselves for trial“, the order stated.
The Court further said that when prima facie there are no specific allegations to warrant the case going to trial, the High Court shall quash such cases by invoking its power under Section 482 of CrPC.
“At the same time, when specific allegations pointing out the overt acts which would attract the offence under Section 498A could be seen, prima facie, from the prosecution case, such cases shall not be quashed,” the Court added.
Source: Barandbench
