Criminal action used as weapon in personal discord, says SC, dismisses case

New Delhi, Dec 20 (PTI) The Supreme Court on Friday quashed the criminal proceedings against the parents-in-law of a woman who alleged harassment and said it was used as a "weapon" in a personal discord between the estranged couple.

A bench of Justices B R Gavai and K V Viswanathan, which referred to an earlier verdict, said the apex court had discussed the objective of Section 498-A of the IPC and raised its concerns over its misuse in matrimonial disputes.

Section 498-A of the IPC deals with the offence of husband or his relatives subjecting a married woman to cruelty.

The apex court noted the complaint was lodged after a notice of divorce was given by the complainant which did not make even a "whisper of allegation of cruelty" by the appellants.

"These facts lead us to conclude the proceedings were initiated with an ulterior motive of pressurising the son of the appellant(s) herein to consent to the divorce according to the terms of the complainant and the proceedings were used as a weapon by the complainant in the personal discord between the couple," held the bench.

The apex court's verdict came on an appeal challenging a January 2020 judgement of the Bombay High Court which dismissed the plea of the appellants seeking quashing of FIR lodged against them in Latur.

It noted aside from the allegations of harassment for allegedly not giving birth to a male child, the woman claimed appellants coerced her to eat a meal which purportedly led to her miscarriage.

The top court said the appellants, along with their son, had filed an application before the high court seeking quashing of the FIR lodged in November, 2018.

The bench said during its pendency, a family court in Latur in May, 2019, granted a decree of divorce by mutual consent and dissolved the marriage.

It noted that estranged husband had also filed an appeal in the apex court challenging the high court verdict but since he died, his appeal was disposed of as abated.

The bench said the ingredients for an offence under Section 498-A of IPC required cruelty to be inflicted against the victim, driving her to either die by suicide or cause grave injury to herself, or a conduct that would cause grave injury or danger to life, limb or health.

The FIR was stated to have showed the appellants inflicting mental and physical cruelty upon the complainant as she could not give birth to a male child.

"Such allegations made by the complainant appear to be vague as no specific instances of harassment are mentioned. No specific role or allegation is levelled on either of the appellants and no specific incident of physical or mental cruelty has been mentioned," it said.

The bench therefore observed only alleging cruelty was committed by the appellants due to some reason, would not amount to the offence under section 498-A of IPC.

It said continuance of criminal proceedings against the appellants would result in an abuse of process of law. PTI ABA AMK