Section 498-A IPC Was Enacted To Punish Cruelty At Hands Of Husband Or His Relatives, It Is Now Being Misused: Jharkhand High Court

Justice Sanjay Kumar Dwivedi said the Supreme Court on numerous occasions has previously expressed concern over the misuse of Section 498-A and the increasing tendency of implicating relatives of the husband in matrimonial dispute without analyzing the long term ramifications of it.

"Section 498-A of the Indian Penal Code was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives, however, nowadays, the said Sections is being misused which has been observed by several High Courts and the Hon'ble Supreme Court. When the relatives are unnecessarily made accused under the said Section, that was considered by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar & another; [(2014) 8 SCC 273]," the bench said.

The court made the observation while dealing with a petition filed by brothers-in-law and sisters-in-law of a woman who had lodged a criminal complaint in the court of the Chief Judicial Magistrate, Sahibganj, against her husband and his relatives. 

The court took note of the fact that the complaint contained general and omnibus allegations against the petitioners, without specific details about the nature of the alleged torture.

Observing that there were only general and omnibus allegations against the petitioners, the court said: “What are the nature of torture made by these petitioners, has not been disclosed in the complaint petition as well as in the solemn affirmation.”

Considering the above, the court exercised its power under Section 482 Cr.P.C and quashed the entire criminal proceedings including the order taking cognizance passed in connection with the case pending in the court of the Chief Judicial Magistrate, Sahibganj,

However, the court clarified that its decision will not affect the complaint case or the order of cognizance against the woman's husband. The trial against the husband will continue as per the law, said the bench.

Case Title: Umesh Kumar and Others vs. The State of Jharkhand and Another Cr.M.P. No. 257 of 2012

Appearance:

For the Petitioners : Mr. Rajesh Kumar, Advocate

For O.P. No.2 : Mr. Lalan Kumar Singh, Advocate

For the State : Mr. Shailesh Kumar Sinha, A.P.P.