RANCHI: Expressing concern over the rampant misuse of Section 498A of the Indian Penal Code, the Jharkhand High Court observed that this provision of the law is being misused as a weapon, rather than being used as a shield by disgruntled wives. Justice Sanjay Kumar Dwivedi made these observations while quashing criminal proceedings initiated by a woman who alleged that her sister-in-law and brother-in-law had committed torturous acts against her.
“With the laudable object of punishing cruelty at the hands of husband or his relatives, Section 498A of the Indian Penal Code was inserted in the statute. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498A of the Indian Penal Code is being misused and the said section is used as weapon rather than shield by disgruntled wives,” observed the court. Little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in the allegation of heinous crimes in which elders of the family are falsely implicated by the wives, it added.
The court also took note of the fact that the petitioners against whom the allegations of torture were made were residing in Hyderabad, whereas the alleged incident took place in Dhanbad. Moreover, as far as these petitioners are concerned, there are only general and omnibus allegations against them, observed the court.
In addition, the court observed, “The petitioners were travelling in a train on the date on which the allegations were made which suggest that false allegations were made against them.”
"Therefore the present complaint case fails to establish specific allegations against these petitioners, who happened to be the brother-in-law and sister-in-law of the complainant," stated the order passed by the court. "In view of the above facts, reasons and analysis, so far as these petitioners are concerned, the entire criminal proceedings pending in the court of the learned Judicial Magistrate, Dhanbad, are quashed," it said.