The Single Bench of the Delhi High Court in the case of Anil Kumar Talan vs State (Goverment NCT of Delhi)consisting of Justice Anoop Kumar Mendiratta observed that fabricated omnibus allegations against entire family during matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions.
Facts
An application was filed u/s 438 CrPC for grant of anticipatory bail to the applicant/petitioner in FIR under Sections 182/192/195/203/389/420/469/470/471/500/120-B/34 IPC, wherein it was alleged that Ms. KomalD/O Shri Anil Talan (petitioner) was married to Abhishek Kumar (elder son of the complainant). But she was not willing to live with Abhishek Kumar and to extort money from them, she hatched a conspiracy in association with her family members including the present petitioner and her friend Tushar Chaturvedi. To execute the plan to disappear from the matrimonial home, she gave false information regarding her suicide. In between, the family members of Komal Talan registered a case u/s 498-A/364 IPC and 3/4 Dowry Prohibition Act against Abhishek Kumar and his family members. Abhishek Kumar was consequently arrested but is presently on bail in the aforesaid case. Based on aforesaid complaint, the present FIR was registered.
Contentions Made
Plaintiff: Petitioner’s daughter was subjected to cruelty and harassment for demand of dowry. So, under distress and depression, she left the matrimonial homewithout knowing the consequences and informing anyone. On knowing the same, the offence of kidnapping was deleted from the said FIR. The matter between the parties was settled and they agreed to filing of petition for divorce by mutual consent. Since the complainant’s husband is a police official, pressure is being made to withdraw FIR. The alleged disclosure statement of co-accused, based on which the custodial interrogation of the petitioner is sought, was stated to be inadmissible.
Respondent: Petitioner is to be interrogated for recovery of suicide note which was left by Komal Talan.
Observations of the Court
The Bench noted that the incident of alleged suicide was fabricated to wreak vengeance for oblique motive. The same not only led to ignominy, adverse media coverage and misery to the family of complainant but also resulted in undue incarceration of Abhishek Kumar (husband of Komal Talan). The criminal proceedings were initiated as a gross abuse of the process of law. The law was used as a weapon than a shield here, by fabricating the incident of disappearance and suicide.
It was pointed out that a serious view needs to be taken of such incidents to ensure that social fabric is not ruined by such fabrication of facts. If false implication by fabricated omnibus allegations against entire family during matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions.
Judgment
The Bench, considering the grave nature of allegations and the fact that criminal proceedings u/s 364 IPC were falsely initiated in collusion, did not grant anticipatory bail to the petitioner and the application was dismissed.
Case:Anil Kumar Talan vs State (Goverment NCT of Delhi)
Citation: BAIL APPLN. 1820/2022
Bench: Justice Anoop Kumar Mendiratta
Decided on: 12th July 2022
Read Judgment @Latestlaws.com
Picture Source :
