In a significant ruling, the Calcutta High Court underscored the necessity for judicial prudence when adjudicating criminal cases stemming from matrimonial disputes. The court acknowledged the prevalent tendency to implicate husbands and their relatives without substantial evidence, emphasizing that such actions can lead to the misuse of legal processes.
The case in question involved two sisters of the accused husband, who resided separately and were not involved in the daily affairs of the matrimonial home. Despite their detachment, they were implicated in a complaint filed by the wife, alleging harassment and dowry demands. The petitioners contended that their inclusion in the complaint was baseless and intended solely to harass them.
Justice Ajay Kumar Gupta, presiding over the matter, observed that the tendency to implicate the husband and all his immediate relatives is not uncommon. He noted that even after the conclusion of criminal trials, ascertaining the real truth often remains challenging. The court emphasized the importance of being extremely careful and cautious while dealing with such complaints and urged the consideration of pragmatic realities in cases arising from matrimonial disputes.
The court referred to precedents where higher judiciary bodies have expressed concerns over the misuse of Section 498A of the Indian Penal Code (IPC), which deals with cruelty by husbands and their relatives. In Preeti Gupta & Anr. vs. State of Jharkhand & Anr., the Supreme Court observed that a large number of complaints under Section 498A are filed in the heat of the moment over trivial issues without proper deliberations. The court highlighted that such complaints, if not bona fide and filed with oblique motives, could lead to insurmountable harassment, agony, and pain to the complainant, accused, and their close relations.
Further, in Kahkashan Kausar @ Sonam & Ors. vs. The State of Bihar & Ors., the Supreme Court reiterated that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in the misuse of the process of law. The court warned against proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.
In the present case, the High Court scrutinized the allegations and found them to be general in nature, lacking specific instances of involvement by the petitioners. The court emphasized that allowing prosecution in the absence of clear allegations would result in an abuse of the process of law. Consequently, the court quashed the proceedings against the petitioners, highlighting the need for a cautious approach in such matters.
This ruling serves as a reminder to the judiciary to exercise due diligence and consider the broader implications of implicating individuals in criminal cases arising from matrimonial disputes. It underscores the importance of distinguishing between genuine cases of harassment and those filed with ulterior motives, ensuring that the legal process is not misused to settle personal scores.
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