The Jharkhand High Court quashed a case registered under Section 498A of the IPC and Dowry Prohibition Act and held that general and omnibus allegations were made in the present case which suggested that the case was lodged maliciously and Section 498-A of the IPC has inserted the statute with a pious view for punishing cruelty of the husband but it was now being misused.
Brief Facts:
The petitioners filed the present petition seeking quashing of the criminal proceedings arising out of the case registered under Sections 498A and 120B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that petitioners have been made accused earlier which was instituted by the informant of the present case and in that case after the investigation, the police found the case to be false. It was further contended that the allegations are made of the occurrence during the lifetime of the husband of the informant who has now died and the present case was maliciously lodged.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent argued that there are allegations and the case has been rightly instituted under the concerned sections and submits that the petitioners have also tortured the respondent.
Observations of the Court:
The court stated that the allegations in the FIR were that just after the marriage, the informant was being harassed and the death of the husband of the informant was also disclosed in the FIR, which was the subject matter of the FIR and thereafter the petitioners started torturing the informant. The court stated that the mode of torture or how the informant was tortured was not disclosed in the FIR and in the earlier case lodged by the informant, the petitioners were not sent up for the trial and the present case was filed which shows that the petitioners, who have been residing at different places have been maliciously made accused in the present case.
The court further stated that Section 498-A of the IPC was inserted in the statute with a pious view for punishing the cruelty of the husband but it was now being misused. The court further stated that if the High Court under Section 482 CrPC even at a later stage, comes to the conclusion that that entire proceeding can be quashed, that power can be exercised with circumspection.
The court observed that general and omnibus allegations were made in the present case and the earlier case, the final form was submitted in favour of the petitioners and during the pendency of that case, the present case has been filed which suggests that the present case has been filed maliciously against the petitioners.
The decision of the Court:
The court allowed the petition and quashed the criminal proceedings.
Case Title: Krishnanand Mishra and anr. vs State of Jharkhand
Coram: Hon’ble Mr. Justice Sanjay Kumar Dwivedi
Case No.: Cr.M.P. No. 2758 of 2016
Advocate for the Appellant: Mr. Indrajit Sinha and Mr. Ajay Kumar Pathak
Advocate for the Respondent: Mr. Bhola Nath Ojha and Ms. Sonal Sodhani
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