The Court made the observation while quashing proceedings against eight relatives of a man. However, the Court upheld proceedings against the man and his mother.
The Karnataka High Court has expressed that family members of husbands are frequently entangled in cases of cruelty towards wives under Section 498A of the Indian Penal Code (IPC), even in the absence of evidence against them. Justice CM Joshi, highlighting concerns about the misuse of Section 498A, noted that minor disputes between couples were resulting in legal proceedings.
“It is pertinent to note that the provisions of Section 498 of IPC are quite often misused and minor differences between the couple are being brought to the Court unnecessarily by roping in all the family members of the husband, who are staying elsewhere than the place of stay of the couple. In fact, there would not be any evidence to show that the relatives of the husband had also a role in the alleged dispute between the husband and wife,” the Court said.
It noted that discrepancies between the couple may stem from various reasons, yet they are often misrepresented to fall under the jurisdiction of Section 498A.
These observations were made as the Court dismissed charges against eight relatives of a man who were accused under Section 498A for cruelty towards the man’s wife.
Nonetheless, the Court affirmed the charges against the man and his mother.
Upon reviewing the woman’s complaint, the Court observed that the primary allegations were directed towards the husband and his mother.
In regard to others, the Court remarked their involvement was distant, as they did not even reside in Mumbai where the couple lived.
“Therefore, the involvement of accused Nos. 3 to 10 in the alleged harassment meted out to the complainant is not forthcoming either from the FIR or from the investigation papers. Such involvement of accused Nos. 3 to 10 is only in the form of omnibus allegations against them and specific details of their harassment is not narrated,” said the Court.
Taking into account this fact, the Court partially granted the petition by dismissing the proceedings against the accused individuals, except for the woman’s husband and her mother-in-law.
“Petitioner Nos. 1 and 2/accused Nos. 1 and 2 shall face the trial before the trial Court,” ordered the Court.