Supreme Court quashes Section 498A IPC case against in-laws, says woman clearly wanted to wreak vengeance against her in-laws

September 1, 2023

The Supreme Court on Thursday quashed a criminal case under Section 498A of the Indian Penal Code (IPC) filed against the former in-laws of a woman on allegations of cruelty and harassment. The top court observed that the allegations of marital cruelty and dowry harassment were general and omnibus and that the woman clearly wanted to wreak vengeance against her in-laws.

“They (the allegations) are so far-fetched and improbable that no prudent person can conclude that there are sufficient grounds to proceed against them … Permitting the criminal process to go on against the appellants in such a situation would, therefore, result in clear and patent injustice,” the apex court said.

The top court was hearing appeals challenging a Madhya Pradesh High Court order that had refused to quash the proceedings against the woman’s former brothers-in-law and her mother-in-law.

The husband had earlier secured a decree of divorce that dissolved the marriage, although an appeal filed by the woman against the grant of divorce was pending before the High Court. In the meantime, the woman made allegations of cruelty, and eventually, a chargesheet was filed against all three accused citing offences under Section 498A of the IPC and the Dowry Prohibition Act, 1961. The woman alleged cruelty, dowry harassment, and poor living conditions at her matrimonial home.

The apex court noted that the woman had admittedly parted ways from her matrimonial home in 2009, but did not file a complaint against the in-laws until 2013, “just before her husband instituted divorce proceedings.”

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