Misuse of legal process to prosecute close relatives of the husband on the basis of general and omnibus charges. -Supreme Court

While hearing a criminal petition, The Supreme Court has said that Section 498A, inserted in the Indian Penal code to prevent dowry harassment, is being used to vent anger on the husband and its relatives. The complainant woman does not think that what will be the effect on the people who are involved in unnecessary litigation.

A bench of Justice S. Abdul Nazeer and Justice Krishna Murari held that the allegations leveled by the woman against her in-laws are baseless. The court said that the woman had FIR I have alleged that everyone harassed her.What was the role of the person.Who did what to him.Any such information he gave FIR I have not given. Referring to several judgements, the bench said that the Supreme Court has several times expressed concern over the misuse of Section 498A.

According to the case, a petition was filed before the Patna High Court to quash the FIR lodged by the wife against the husband and his relatives. The petition was dismissed by the Patna High court. The petitioners filed a petition in the Supreme Court stating that FIR false and baseless.FIR This has been done with the intention of troubling the petitioners. The wife's argument was that she was repeatedly harassed physically and mentally to meet the demand for dowry. FIR the allegations leveled in are serious.

The court said that the complainant has alleged that all the accused mentally harassed her and threatened to abort her pregnancy. FIR it is revealed from the reading that there is no specific and clear allegation against the accused. The allegations made by the complainant are general and omnibus. On the basis of these allegations it is not possible to ascertain the role of each accused in the crimes.

The court was of the view that since the allegations leveled are general and omnibusl, there is no need to prosecute the accused on their basis. While setting aside the criminal proceedings pending against the petitioners, the court said in the view of the non clear role of the petitioners in the crimes,if the prosecution is allowed against the petitioners,then this injustice would be complet.