The Jharkhand High Court quashed the criminal proceedings filed under Section 498A IPC and held that general and omnibus allegations were made against the petitioners and despite that the learned court has taken cognizance against the petitioners and the present case is a fit case for exercise of power under Section 482 CrPC.
Brief Facts:
The respondent filed a complaint alleging that her marriage was solemnized with her husband and after several years of peaceful conjugal life the behavior of her husband changed towards her and he started quarreling with her on flimsy grounds and used to assault her and further demanded five lakhs for giving her a decent living in his house. A complaint was filed by the respondent against the petitioners alleging that they instigated the husband of the respondent to divorce her. The present petition was then filed by the petitioners for quashing the entire criminal proceedings and the order of cognizance.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioners contended that the trial court had earlier taken cognizance only against the husband of the complainant. It was further argued that general and omnibus allegations are there against the petitioners and the court has taken cognizance on the remand order and the court was not having any option as the revisional court had directed the passing of a fresh order after observing that a prima facie case was made out against the petitioners.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that there was a direct allegation against the petitioners and there was no illegality in the order taking cognizance.
Observations of the Court:
The courtobserved that only general and omnibus allegations are there and despite that, the learned court has taken cognizance against the petitioners. It was further observed that the nature of torture made by the petitioners was not disclosed in the petition.
It was further stated that Section 498-A IPC was inserted in the statute with the laudable object of punishing cruelty at the hands of the husband or his relatives, however, nowadays, the said same is being misused. The court further referred to various cases involving instances of misuse of Section 498-A to demonstrate an increased tendency of implicating the husband's relatives in matrimonial disputes without analyzing the long-term ramification of a trial.
The court stated that in the present case, general and omnibus allegations were made against the petitioners and the court had taken cognizance after remand of the matter by the Sessions Judge as they had observed that a prima facie case is made out against the petitioner and the court was not having any option and he has taken cognizance against the petitioners and the present case is a fit case for exercise of power under Section 482 CrPC.
The decision of the Court:
The court allowed the petition and quashed the entire criminal proceedings including the order of cognizance.
Case Title: Umesh Kumar and ors. vs. The State of Jharkhand and anr.
Coram: Hon’ble Mr. Justice Sanjay Kumar Dwivedi
Case No.: Cr.M.P. No. 257 of 2012
Advocate for the Applicant: Mr. Rajesh Kumar
Advocate for the Respondent: Mr. Lalan Kumar Singh and Mr. Shailesh Kumar Sinha
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