Introduction
Section 498A of the Indian Penal Code (IPC) provides that ‘husband or relative of the husband of a woman subjecting her to cruelty, shall be liable for imprisonment for 3 years with fine.’ The said provision was inserted in 1983 to protect a married woman from harassment and cruelty relating to dowry demand, including all types of physical harassment, mental torture, etc.
Misuse of provision
There have been many instances where women have started misusing Sec. 498A whereby they file false cases against her husband and her in-laws and get the advantages of the alimony, or they do so if you refuse to give her divorce, or she is having an affair, etc.
The Supreme Court in the case of Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281, has given a name to Section 498A i.e. “Legal Terrorism”. The Court has identified the abuse of the very law mostly by the educated women for their self-centred necessities. A huge number of women abuse the arrangements of Section 498A for getting separation and remarrying or for claiming high alimony, etc.
In the case of Kahkashan Kausar v. State of Bihar, 2022 SCC OnLine SC 162, the Supreme Court stated that Section 498A of the IPC is being used to settle personal scores against husband and his kin. The court stated that previous decisions clearly demonstrate the misuse of Section 498A IPC and the increased tendency of implicating of husband’s relatives in matrimonial disputes, without analyzing the long-term ramifications of a trial on the complainant as well as the accused is an abuse of law.
Rupen Dhar & Ors. v. The State of West Bengal & Ors.: Case Study
The Calcutta High Court recently quashed the criminal proceedings under Section 498A of IPC initiated by a woman against her husband and his relatives alleging that she was subjected to physical and mental torture and was driven out from the matrimonial home, on the ground that an earlier proceeding initiated by her on the basis of almost same allegations against the same accused persons had ended in acquittal and no appeal was preferred by her.
Observation of the Court
It was observed by the High Court of Calcutta that on perusal of the FIR of earlier proceeding as well as the present proceeding it appears that the allegation is almost same which reiterates allegation of inflicting torture by the husband and his relatives herein upon the opposite parties.
It was further stated by the court that in the present FIR i.e. in the second FIR allegation are same that the woman was subjected to physical and mental torture and she was driven out in the year of 2011. The first FIR which was lodged in 2016 and which has ended in acquittal, was filed long after the said cause of action allegedly arose in 2011, as stated in the second FIR. It is curious enough that the second FIR has been lodged after four months of acquittal from first FIR without making out any new case or new cause of action.
The application filed u/s 482 of the CrPC was heard by Justice Ajoy Kumar Mukherjee, wherein quashing of the proceeding under Section 498-A of IPC were sought.
Justice Mukherjee noted that “Supreme Court and High Courts in numerous instances expressed concern over the misuse of section 498-A IPC and the increased tendency of implicating husband and relatives of the husband in matrimonial disputes. Upon perusal of the contents of both the FIR it reveals that the allegations are the same, which is omnibus in nature.”
Facts of the case
On February 2016, the woman filed a complaint wherein she stated that after her marriage, her mother-in-law started harassing her physically and mentally. After the said harassment, the woman came back to her father’s home. It was alleged that she was compelled by her in-laws to work at their hotel, and she was undergoing physical and mental torture. It was further stated that her spouse physically abused her and she was thrown away from the marital home in January 2011.
On the basis of the complaint of the woman, a case was registered under Section 498A of IPC against the husband and in-laws. But the Trial Court vide its order dated 17th August 2019 acquitted all the accused persons.
After months after the acquittal of the accused persons, the woman again lodged an FIR under Section 498A of IPC on the basis of same allegation of physical and mental torture on the demand of dowry. The petitioners filed an application under Section 482 of CrPC seeking quashing of the criminal proceedings under Section 498A of IPC.
Decision of the Court
The High Court of Calcutta held that “In view of above allowing the present proceeding to continue would be an abuse of process of court and for the ends of justice it is required that the proceeding is to be quashed because the court proceeding ought not to be permitted to degenerate into a weapon of harassment or prosecution.”
The Court observed that “Upon perusal of the contents of both the FIR it reveals that the allegations are the same, which is omnibus in nature”. Hence, the High Court quashed the criminal proceeding dated 19th December, 2019, u/s 498-A IPC.
Conclusion
Misuse of Sec. 498A of the IPC is on the rise and it has been observed by the Courts time and again that woman frivolously make false allegations against their husband and family to harass them.
In the case of Savitri Devi v Ramesh Chand & Ors. 2003 CriLJ 2759, it was held by the Court that there was a misuse and exploitation of Sec. 498 A of the IPC to such an extent that it was hitting at the foundation of marriage itself. It was further stated by the Court that authorities had to review legal provisions to prevent its’ abuse.
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