Implicated To Settle Personal Score: Bombay High Court Quashes FIR Under Section 498A IPC Against Judicial Officer
The Bombay High Court recently quashed an FIR against a judicial officer accused of subjecting her brother’s wife to physical and mental cruelty.A division bench of Justice Anuja Prabhudessai and Justice R. M. Joshi of Aurangabad said that this case of Section 498A IPC is being used to settle personal score.“...the First Information Report in question is a classic example wherein the...
The Bombay High Court recently quashed an FIR against a judicial officer accused of subjecting her brother’s wife to physical and mental cruelty.
A division bench of Justice Anuja Prabhudessai and Justice R. M. Joshi of Aurangabad said that this case of Section 498A IPC is being used to settle personal score.
“...the First Information Report in question is a classic example wherein the family members of the husband have been implicated in proceedings under Section 498A of the Indian Penal Code as an instrument to settle personal score with the husband. The unfounded proceedings, qua the applicant, need to be quashed to prevent the abuse of the process of the Court, to protect the right of the applicant and thus to secure the ends of justice”, the court held.
The court reiterated that an individual’s right to reputation and dignity is an integral part of Articles 21 and 19(2) of the Constitution.
The court quoted Shakespeare’s play Othello in its judgment –
“Good name in man and woman, dear my lord, is the immediate jewel of their souls: Who steals my purse steals trash; ’tis something, nothing; ’twas mine, ’tis his, and has been slave to thousands: But he that filches from me my good name Robs me of that which not enriches him and makes me poor indeed.”
The judicial officer, along with her brother and parents, were implicated in an FIR filed in June 2019. She was accused of inflicting mental and physical harm on her sister-in-law under section 498A of the IPC.
Hence, she approached the high court under section 482 Cr.P.C. with an application to quash the FIR.
According to the FIR, there is a rift between the complainant and her husband. It was alleged that the applicant ordered Chicken Biryani for her brother but told the complainant to cook her own food.
Further, she told the complainant not to raise her voice against her parents and encouraged her brother to seek divorce from the complainant, according to the FIR.
The FIR further stated that the applicant, as a judicial officer, should have intervened in the dispute between the complainant and her husband impartially rather than being biased and supporting her brother.
The court said that even if the accusations are accepted at face value, they do not constitute any offence justifying the investigation.
The present case is covered by State of Haryana v. Bhajan Lal in which Supreme Court laid down the guidelines for exercising inherent powers under Section 482 of the Cr.P.C. to quash FIRs, the court held.
The court said that unfounded criminal charges and long drawn criminal prosecution can have serious consequences such as mental drama, humiliation, and monetary loss. “Reckless imputations can also result in serous repercussion on career progression and future pursuits and most importantly it stigmatizes reputation, brings disrepute and lowers the image of a person amongst friends, family and colleagues. It is to be noted that loss of character or bruised reputation cannot be restored even by judicial reprieve”, the court added.
Advocate A. R. Devkate represented the applicant.
APP P. G. Borade appeared for the State.
Advocate T. K. Sant appeared for the complainant.
Case no. – Criminal Application No. 1122 of 2021
Case Title – Vrushali Jayesh Kore v. State of Maharashtra and Anr.
Citation - 2023 LiveLaw (Bom) 27