Recently, the Delhi High Court quashed an FIR registered under Sections 498A and 406 of the IPC against the distant relatives of a woman’s husband, observing that “mere taunts, casual references, or general family friction that occur in the ordinary wear and tear of marital life cannot constitute cruelty as defined under Section 498A.” The Court held that omnibus and vague allegations against extended family members dilute the very intent and sanctity of the provision meant to protect women from genuine cruelty.
Brief Facts:
The case arose from an FIR lodged by a woman alleging that her stridhan, gifts, and jewellery received at the time of marriage and childbirth were in possession of her husband and his family members, including distant relatives. The petitioners, the husband’s extended family, approached the High Court seeking quashing of the FIR, contending that they neither resided with the complainant nor had any role in the alleged acts of cruelty or misappropriation.
Contentions of the Petitioners:
The counsel for the petitioners argued that they had been falsely implicated merely due to their familial relationship with the complainant’s husband. It was contended that even if the allegations were taken at their highest, they did not amount to “cruelty” within the meaning of Section 498A IPC. The petitioners emphasized that they were distant relatives who never lived in the matrimonial household and that the vague accusations failed to meet the statutory threshold required to constitute a criminal offence.
Observation of the Court:
The Court examined the definition and intent of Section 498A IPC, emphasizing that the provision was enacted to protect women from cruelty by their husbands or his relatives, particularly in connection with dowry demands. However, the Court noted a growing trend of “over-implication” of relatives without specific evidence of active involvement.
Referring to Payal Sharma v. State of Punjab, the Bench reiterated that the term “relative” must be understood in its ordinary sense, meaning persons connected by blood, marriage, or adoption, and that casual or sweeping references to extended family members cannot justify prosecution. The Court further relied on Geeta Mehrotra v. State of U.P. and Kahkashan Kausar v. State of Bihar, where the Supreme Court had cautioned against mechanically implicating distant relatives in matrimonial disputes.
Quoting its key observation, the Court remarked, “Mere taunts, casual references, vague assertions or general family friction that occur in the ordinary wear and tear of marital life is not sufficient to fall within the definition of ‘cruelty’ as embodied under Section 498A of the IPC.”
The Court also observed that the vague statement regarding possession of stridhan, “Mera saara stridhan va uphaar, gehne... mere pati, saas, sasur, nanad, maasi aur uski ladki ke kabze mein hai”, was insufficient to sustain proceedings under Section 406 IPC, as there was no substantive material found during investigation to connect the petitioners with any offence.
The decision of the Court:
Holding that no grave suspicion arose against the petitioners warranting the framing of charges under Sections 498A or 406 IPC, the Delhi High Court quashed the consequential proceedings arising out of the FIR against them. However, the Bench clarified that if any evidence later emerges during trial, the court below would be at liberty to take appropriate steps in accordance with law.
The Court concluded by reiterating that the misuse of Section 498A by implicating distant relatives undermines the true purpose of the provision, which was enacted to protect women from genuine cruelty, not to settle personal scores through exaggerated allegations.
Case Title: Shashi Arora & Anr. vs. State Through Commissioner of Police & Ors.
Case No.: W.P.(Crl) 2711/2022
Coram: Justice Amit Mahajan
Advocate for Petitioner: Adv. Biraja Mahapatra, Nalin Hingorani, Raunak Jain
Advocate for Respondent: Adv. Rupali Bandopadhya (ASC), Abhijeet Kumar, Amisha Gupta
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