'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.

Justice Sumeet Goel said, "The decorum and dignity of this bond is outlived with inviolable trust, guardianship and solemnity whereas, a mere hint of an unintended inappropriate act could be singularly detrimental to such a relationship; flagrant violations such as expressing desire or making advances, or trying to coerce/force a daughter-in-law into a sexual relationship, or passing of inappropriate remarks to any such effects, are remarkably depraved actions on the part of a father-in-law."

The Court was hearing the anticipatory bail plea of a man accused of outraging modesty and sexually harassing his daughter-in-law.  The FIR was lodged for offences punishable under Sections 323, 354-A, 498-A and 506 of IPC. It was alleged that the husband of the complainant, under the influence of drugs, acted abusively and pressured the complainant to demand more dowry from her family.

The Father-in-law of the complainant even attempted to force physical relations with the complainant and the husband of the complainant supported these actions, threatening the complainant with divorce it she resists, she stated further.

After examining the submissions and material available on record, the Court noted that when the petitioner allegedly attempted to outrage the modesty of the complainant, the complainant had recorded the conversation in which the petitioner was making inappropriate remarks.

"The material collected by the prosecution, as of now, shows that a pen-drive containing voice recording between the victim/complainant and the petitioner has been taken into possession which indicates the commission of offence by the petitioner," it added.

Justice Goel elucidated that a father-in-law and a daughter-in-law is akin to one between a father and a daughter, which is based on mutual respect, affection and high regard.

Considering the gravity of the case, the judge opined that granting relief would unduly impede the rights of the investigating agency to carry out a free, fair and impartial investigation.

 In the light of the above, the plea was dismissed.

Mr. Hakam Singh, Advocate for the petitioner. Ms. Priyanka Sadar, AAG Haryana.

Mr. Namit Khurana, Advocate with Mr. Vikas Dhoulra, Advocate for the complainant.

XXXXX v. State of Haryana

Citation: 2024 LiveLaw (PH) 342