The Kerala High Court noted that some wives lodge criminal cases with vague accusations to damage the reputations of their husbands and their relatives. This comment was made in the context of a criminal miscellaneous case filed under Section 482 of the Criminal Procedure Code (CrPC) by a 61-year-old woman regarding a case pending before the Chief Judicial Magistrate.
A Single Bench of Justice A. Badharudeen said, “It is noticed that in matrimonial disputes, in order to wreak vengeance against the husband and relatives of the husband, certain wives initiate criminal proceedings on the strength of vague and omnibus allegations against the parents, sisters, brothers and other relatives of the husband with ulterior motive to put them under the veil of prosecution involving non-bailable offences and to face the ordeal of criminal prosecution and trial by the parents, sisters, brothers and other relatives of the husband, so as to malign and defame their image in the society.”
The Bench emphasized that in such cases, it is the court’s responsibility to review the available evidence when quashing is sought, to ascertain if the allegations specifically relate to offenses under Section 498A of the Indian Penal Code (IPC) and warrant prosecuting the accused.
Advocate K.R. Vinod represented the petitioner, while Senior Public Prosecutor Renjit George represented the respondents.
Factual Background
The petitioner, a woman, was charged under Section 498A IPC. The sole allegation against her was that she stood by and did not intervene while the complainant was being persecuted by the accused. The petitioner’s counsel pointed out that the First Information statement only accused her of observing the complainant’s persecution instigated by the accused without attempting to stop it.
The High Court in the above context noted, “In such cases, it is the duty of the court to analyse materials available when quashment is sought whether the allegations specifically state anything dealt under Section 498A so as to prosecute the accused for the said offences, by subjecting themselves for trial. The cases where no specific allegations to go for trial, prima facie, such cases shall be quashed by the High Court by invoking power under Section 482 of the Cr.P.C. At the same time, when specific allegations pointing out the overt acts which would attract the offence under Section 498A could be seen, prima facie, from the prosecution case, such cases shall not be quashed.”
The Court noted that the allegations against the petitioner were vague and general, without any specific instances of cruelty. This broad accusation was the reason the mother was named as an accused, thus justifying the petition for quashing. Consequently, the Court granted the petition.
