Section 498A IPC - Prosecution Of Husband's Relatives Based On General & Omnibus Allegations By Wife Is Abuse Of Process: Supreme Court

The Supreme Court observed that prosecution of relatives of husband based on general and omnibus allegations levelled against them is an abuse of process of law.

The court also expressed its concern about increased tendency to employ provisions such as Section 498A IPC as instruments to settle personal scores against the husband and his relatives. The bench comprising Justices S. Abdul Nazeer and Krishna Murari said that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged. General and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband are forced to undergo trial, the bench said.

In this case, the Husband and his relatives filed a criminal writ petition before the Patna High Court, for quashing of an FIR lodged by the wife, the complainant. As the High Court dismissed their petition, the relatives (in-laws) approached the Apex Court contending that the FIR in question has been made with a revengeful intent, merely to harass them. The 'wife' contended that the allegations made in the FIR are serious in nature and she has been repeatedly tortured physically and mentally in order to fulfil the demand for dowry. The issue considered was whether the allegations made against the in-laws Appellants are in the nature of general omnibus allegations and therefore liable to be quashed?

At the outset, the bench made the following observations on 'misuse' of Section 498A IPC:

"Incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention. However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives."

Referring to observations made in earlier judgments viz. Rajesh Sharma and Ors. Vs. State of U.P (2018) 10 SCC 472, Arnesh Kumar Vs. State of Bihar and Anr (2014) 8 SCC 273, Preeti Gupta & Anr. Vs. State of Jharkhand & Anr (2010) 7 SCC 667, Geeta Mehrotra & Anr. Vs. State of UP & Anr.(2012) 10 SCC 741, K. Subba Rao v. The State of Telangana (2018) 14 SCC 452, the court said:

"18. The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them."

The court, perusing the FIR, noted that the complainant alleged that 'all accused harassed her mentally and threatened her of terminating her pregnancy'. But no specific and distinct allegations have been made against the accused in-laws.  The court, therefore, observed:

"This simply leads to a situation wherein one fails to ascertain the role played by each accused in furtherance of the offence. The allegations are therefore general and omnibus and can at best be said to have been made out on account of small skirmishes. Insofar as husband is concerned, since he has not appealed against the order of the High court, we have not examined the veracity of allegations made against him. However, as far as the Appellants are concerned, the allegations made against them being general and omnibus, do not warrant prosecution."

Thus, while allowing the appeal by quashing criminal proceedings against the appellants, the bench observed:

Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.

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