New Delhi, May 8 (PTI) The Supreme Court on Thursday dismissed a plea filed by a woman against an order which quashed criminal proceeding against her estranged husband and in laws.
A bench of Justices Sudhanshu Dhulia and K Vinod Chandran found no specific allegation of any physical violence except “vague statements” of the woman, who was married in the family of a former Bihar governor.
The top court found no evidence to substantiate the woman’s allegations.
“The petitioner had taken contrary stands and there are inconsistencies in the complaint and statement which was made before the magistrate, which persuade us to find the proceedings to be a clear abuse of process of the court, as held by the high court,” it said.
The bench went on, “We find absolutely no reason to interfere with the invocation of the extraordinary power under Section 482, CrPC which, as rightly held by the High Court, secures the ends of justice and puts to naught a criminal proceeding which is a clear abuse of process of law. The special leave petition stands dismissed.” The Allahabad High Court quashed the criminal proceedings after the estranged husband and his parents moved court against the trial court’s summons.
The woman’s case was registered under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty), 325 (voluntarily causing grievous hurt) and 506 (criminal intimidation) of IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 The top court said the high court noted with anguish the rapidly increasing matrimonial litigations in the country roping in the close kin of the husband.
“This requires the courts to be doubly cautious and extremely careful in dealing with such complaints, especially since the ultimate object of justice is to find out the truth and not only to punish the guilty but also to protect the innocent,” the bench said.
In the event of the proceedings being found to be an abuse of process of court, the top court underlined, the power under Section 482 of Code of Criminal Procedure should be invoked to secure justice.
The couple married on December 11, 2019.
The petitioner alleged that while the grandfather of her husband was alive, she was treated with dignity but when he died, her mental and physical harassment commenced, the woman alleged. PTI PKS PKS AMK AMK
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