Expressing concern over the “use” of IPC section 498A (husband or relative of husband of a woman subjecting her to cruelty), the Delhi High Court Monday said that the “object” of the section is to deter dowry deaths of women by husband or kin, and the provision should not be used as a device against relatives “without reason”. The observation came in two pleas moved by man and his family against three orders of the Municipal Magistrate(Mahila Court-02) Karkardooma Courts (passed on August 26 and 31, 2022 and September 17, 2022). Perusing through the allegations a single judge bench of Justice Jasmeet Singh in its order observed, that the allegations raised against the father in law, mother in law and elder brother in law were "general" in nature and there were any specific allegations made against them; the HC added that the allegations were "shorn of details" and lacked "material particulars". The HC observed that upon "sifting and weighing the material on record" it is unable to uphold the charges framed against these three individuals as "no specific case is made out against them". The HC further observed that in order to make out a case under Section 498A IPC the "conduct of the accused has to be be such that he or she willfully drives a woman to commit suicide, or cause grave injury, (be it mental or physical). In the alternative, there has to be harassment to the woman with an intent to coerce her to meet unlawful demands, thereby committing cruelty". Justice Singh thereafter said, "The allegations so raised are vague, unspecific and bald, lacking any particular details, including but not limited to date, place or time. It appears that the complainant has merely roped in the family of the husband. It has been brought to the court’s attention that the brother-in-law of R-2 (woman), is not even residing alongwith the remaining petitioners. The court in several instances have expressed concerns over the increasing exercise of section 498A against the kin of the husband in matrimonial disputes. The object of 498A of IPC is to deter dowry deaths and harassment of women by the husband or his kin. The said provision should not be used as a device against the relatives without reason". The petitioners before the HC had challenged these orders framing charges against the man and his family under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) 406 (criminal breach of trust) and 34 (common intention) IPC, after his wife filed a complaint against him and his family based on which an FIR was registered in 2017. The woman alleged that she had suffered cruelty and harassment at the hands of the petitioners–husband, her father in law, mother in law, elder brother in law "because of repeated demands of dowry". She further alleged that they have "usurped her stridhan, which was and continues to be in their possession". The HC said that the woman in her complaint had made allegations against the petitioners that "cash, gold-silver jewellery, utensils and clothes etc," given by her father in marriage, is in the possession of her husband and his family. The court noted that the woman had further alleged that the "petitioners demanded that she acquire an amount of about Rs. 50,00,000" from her family to "purchase a flat". With respect to the husband the HC observed that there were specific allegations raised against him including the "alleged misappropriation of amounts received from selling of the car". The HC thereafter quashed the charges framed against the father in law, elder brother in law and mother in law under 498A/406/34 of IPC. "The court finds no reason to interfere with the charges framed against P-1 (husband) in Crl.Rev.2023, u/s 498A/406/34 of IPC," the HC added.
