The Bombay High Court quashes the FIR against the Applicant and observes that the First Information Report in question is a classic example wherein the husband's family members have been implicated in proceedings under Section 498A of the Indian Penal Code as an instrument to settle a personal score with the husband.
This Court further noted that once these FIR’s gets registered, it is not possible to restore bruised reputation or loss of character even by Judicial means.
Brief Facts:
The Applicant had filed the application under Section 482 of the Code of Criminal Procedure to quash the FIR registered for offences punishable under Sections 498A, 323, 504, 406, 506 read with Section 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act.
Submissions of the Applicant:
It was the case of the Applicant that her brother’s wife left the matrimonial home on 7th June, 2019 and registered a FIR against her husband, his parents and Applicant herein alleging that they had subjected her to physical and mental cruelty within the meaning of Section 498A of the Indian Penal Code. The Applicant was dragged into with the allegations that she is a Judicial Officer and ought to have intervened in the dispute between Respondent No. 2 and her husband impartially rather than being biased, supporting her brother and blaming her. The Counsel for the Applicant submitted that she is falsely implicated under the aforesaid mentioned sections to settle the personal vendetta against the brother of the Applicant.
Submission of the Respondent:
It was the case of the Respondent that Applicant, along with her family, had subjected the Respondent to physical and mental cruelty. Therefore, after leaving her matrimonial home, she lodged FIR on 12th November, 2019, alleging that Applicant and her family had subjected the Respondent to physical and mental cruelty within the meaning of Section 498A of the Indian Penal Code.
Observation of the Court
Firstly, this Court referred the Apex Court Judgement in Kahkashan Kausar alias Sonam and Others vs. State of Bihar and others, (2022) 6 SCC 599, Since the First Information Report in question emanates from a matrimonial dispute. Further, the view of the Court was the accusations described above, even if taken at face value and accepted in their entirety, do not constitute any offence justifying investigation against the application.
On misusing the provision of Section 498A at several occasions, a division bench remarked that “it is pertinent to note that unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss. Reckless imputations can also result in serous repercussion on career progression and future pursuits and most importantly, it stigmatizes reputation, brings disrepute and lowers the image of a person amongst friends, family and colleagues. It is to be noted that loss of character or bruised reputation cannot be restored even by judicial reprieve”.
Further, the Court reiterated that in legal parlance, an individual's right to reputation and dignity is held to be an integrated part of Articles 21 and 19(2) of the Constitution. Therefore, it is imperative for the Court to exercise power under Section 482 of the Code of Criminal Procedure, in fit cases, to safeguard and protect the rights of every person subjected to such litigation and prevent misuse of the criminal process for personal vendetta.
The decision of the Court:
The Bombay High Court quashed the FIR registered against the Applicant by exercising power under Section 482 of Code of Criminal Procedure.
Case Title: Vrushali Jayesh Kore v. State of Maharashtra and Anr.
Coram: Hon’ble Justice Smt. Anuja Prabhudessai & R.M. Joshi
Case no.: CRIMINAL APPLICATION NO. 1122 OF 2021
Advocate for the Applicant: Mr. A. R. Devkate
Advocate for the Respondents: Mr. P. G. Borade and Mr. T.K. Sant
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