[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court

The Delhi High Court has observed that allowing fabricated allegations against the entire family in matrimonial disputes may lead to further misuse of process of law.

"If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions," Justice Anoop Kumar Mendiratta observed.

The Court made the observation while denying anticipatory bail to father of a married woman in an FIR registered under sec. 182, 192, 195, 203, 389, 420, 469, 470, 471, 500, 120B and 34 of IPC.

It was the case of the prosecution that the FIR was registered on the complaint of a mother in law alleging that her daughter in law, who was married to her elder son, was not willing to live with him and in order to extort money from them, she hatched a conspiracy in association with her family members including the petitioner father and her friend.

It was alleged that in order to execute the plan to disappear from the matrimonial home, she gave false information regarding her suicide. In between, the family members of daughter in law registered a case bearing under the Dowry Prohibition Act against their son in law and other family members. The complainant's son was consequently arrested and was then granted bail.

The Court noted that the son of the complainant remained in custody on the basis of fabrication of incident of disappearance made by his wife. It also noted that the interim protection to the wife was already declined by High Court during the pendency of her application for anticipatory bail.

"At this stage, it cannot be ignored that Komal Talan (wife) was in touch with the family members during the aforesaid period and consequently Abhishek Kumar (husband) remained in custody. Also, the matter appears to have been highlighted in media on the basis of alleged suicide note, which the prosecution seeks to recover," the Court said.

The Court observed that in order to wreak vengeance for oblique motive, the incident of alleged suicide was fabricated and that the same not only led to adverse media coverage, caused misery to the family of complainant but also resulted in undue incarceration of the husband.

"The criminal proceedings were initiated as a gross abuse of the process of law. The implication and consequences of such conduct may not have been fully visualized by the petitioner at the aforesaid time but the uncalled for detention of Abhishek Kumar definitely ruined the chances of settlement. The law appears to have been used as a weapon than a shield by fabricating the incident of disappearance and suicide," the Court observed.

It added "I am of the considered view that a serious view needs to be taken of such incidents to ensure that social fabric is not ruined by such fabrication of facts."

Accordingly, the anticipatory bail plea was dismissed.

Case Title: ANIL KUMAR TALAN v. STATE (GOVERNMENT NCT OF DELHI)

Citation: 2022 LiveLaw (Del) 641

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