The Telangana HC has recently ruled that the false implication of the relatives of the husband in matrimonial disputes based on general and omnibus allegations, if left unchecked would result in misuse of the process of law.
In this case, the husband harassed his wife physically and mentally for additional dowry. The brother-in-law was also accused of molesting her. He was booked under sec 354 IPC. The brother-in-law, sister-in-law and mother-in-law, all three moved to the High Court seeking to quash criminal proceedings.
The Counsel for the respondents submitted that there is sufficient material to frame the charges for the alleged offences against the petitioners and the trial Court may be permitted to proceed with the case and as such, there are no merits in the petitions and the same may be dismissed.
But the high court observed that “She resisted the alleged incident that occurred prior to 28.02.2007. If at all there is truth in the allegations of the second respondent, so far as the brother-in-law is concerned, she being a software Engineer would not have kept quite without taking any recourse from 12.06.2007 on which date the second respondent was alleged to have molested by the brother-in-law. The said allegation prima facie do not make out or satisfy the essential ingredients of the alleged offence under Section 354 IPC and appears to have been made with an oblique motive.”
High Court found that the relatives of the husband have been roped in on the basis of omnibus allegations and without any specific instances of their involvement in the alleged offences deserve to be quashed to avoid the rigor of undergoing trial.
High Court noted that “from the averments of the complaint, F.I.R., charge sheet and the statements of the witnesses apparently there is no sufficient to material prima facie to proceed against the petitioners for the alleged offences.”
The bench of Justice A. Santhosh Reddy stated that “from the averments of the complaint, F.I.R., charge sheet and the statements of the witnesses apparently there is no sufficient to material prima facie to proceed against the petitioners for the alleged offences.”
In view of the above, High Court allowed the petition.
Case Title: P. Rajeshwari And Another v. The State of A.P. Another
