Section 498-A of IPC used as weapon in personal discord, says SC

Highlighting the misuse of anti-dowry laws to harass the in-laws of a woman, the Supreme Court on Friday quashed the criminal proceedings against them, saying such laws were being used as a "weapon" in a personal discord between the estranged couple.

“In the present case also, the facts, when taken at face value, do not reveal any specific instance of cruelty committed by the appellants herein. In our view, only stating that cruelty has been committed by the appellants herein due to some reason, would not amount to the offence under Section 498-A of the IPC (cruelty for dowry) being attracted,” a Bench of Justice BR Gavai and Justice KV Viswanathan said.

“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.

Writing the verdict for the Bench, Justice Viswanathan said, “These facts lead us to conclude the proceedings were initiated with an ulterior motive of pressing 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.”

Noting that during pendency of these proceedings, a family court in Latur in May 2019 granted a decree of divorce by mutual consent and dissolved the marriage, it said continuance of criminal proceedings against the appellants would result in an abuse of process of law.

The verdict came on a petition challenging a January 23, 2020 judgment of the Bombay High Court dismissing the appellants’ plea seeking quashing of an FIR lodged against them at Latur, Maharashtra, in November 2018.

The woman had alleged harassment for allegedly not giving birth to a male child and that her in-laws coerced her to eat a meal which purportedly led to her miscarriage.