The Bombay High Court has quashed an FIR and criminal proceedings filed by a woman against her in-laws that she was being harassed by them over no proper arrangements being made at the time of her marriage. Dismissing the case, the bench of Justices Anil S Kilor and Rajesh S Patil said that “As such, prima facie, such allegations after a period of 12 years of marriage can’t be accepted.”
The bench was hearing a plea to quash the FIR and criminal proceedings against a mother-in-law, brother-in-law and sister-in-law of a woman. Appearing for the petitioners, advocate Nikhil R Tekade submitted that as per the first information report and chargesheet there are no specific allegations leveled against them and the allegations which have been raised are vague and general in nature.
The bench went through the chargesheet and the FIR and noted that the marriage of the woman and her husband had been solemnised on December 10, 2010.
“According to the own averment of the woman, she was not subjected to any harassment on the count of dowry or any other issues till the year 2021. As such, for 11 years, she has cohabited with her husband and family members without any grievance,” observed the bench.
“It is further pertinent to note that the woman, after the period of 12 years, lodged police complaint against the in laws mainly on the allegation that at the time of her marriage proper arrangement was not made. As such, prima facie, such allegations after a period of 12 of marriage, can’t be accepted,” said the bench.
The bench also stated that the allegations made by the woman is vague and omnibus in nature.
“Therefore, according to us, prima facie the prerequisites of Section 498-A of IPC are not satisfied in the present matter,” said the court while quashing the FIR and criminal proceedings against the family.
“The allegations made against the applicants seem to be motivated by a desire for retribution rather than a legitimate grievance,” the bench added.
Section 498A of the Indian Penal Code deals with cruelty against married women by their husbands or relatives. It criminalizes actions that cause physical or mental harm, harassment, or demands for dowry.