SC: Cop pulling in-laws into cruelty case unfortunate
NEW DELHI: Expressing concern over misuse of Sec 498A of IPC that criminalises cruelty in matrimonial homes and dowry harassment,
Supreme Court
has quashed a case lodged 23 years ago by a
Delhi Police
woman sub-inspector against her husband, a colleague, and his entire family.
Allowing the husband's appeal and quashing the case, a bench of justices B V Nagarathna and Satish C Sharma exercised SC's exclusive powers under Art 142 of the Con-stitution to quash the FIR lodged in 2002 at Malviya Nagar in Delhi and the charge sheet filed against the policeman, his parents and five sisters.
"It is rather unfortunate that the complainant being an officer of the state has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as accused," it said.
'Growing tendency to misuse legal provisions'
Writing the judgment, Justice Sharma said: "Even if the allegations and the case of the prosecution is taken at face value, apart from the bald allegations without any specifics of time, date or place, there is no incriminating material found by the prosecution or rather produced by the complainant to substantiate the ingredients of 'cruelty' under Section 498A IPC." The court said there were genuine cases of dowry harassment and cruelty in matrimonial homes but flagged the "growing tendency to misuse legal provisions" by women to rope in relatives of their husbands.
The man and woman, both sub-inspectors in Delhi Police, had got married in Feb 1998 as per Buddhist rites. Alleging persistent torture for more dowry ever since the solemnisation of marriage, the woman lodged a police complaint in July 2002. A chargesheet was filed against the man and his relatives in July 2004. The magistrate had framed charges in June 2008.
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