Punjab and Haryana High Court: Jaishree Thakur, J., allowed a petition filed under Section 482 CrPC and held that,
“Disgruntled wives use the provisions of Section 498- A IPC as a weapon rather than shield.”
Petitioners have been summoned to face trial under Sections 498-A, 506, 120-B Penal Code, 1860 an order declaring petitioners as proclaimed offenders.
Complainant got married to Jaswant Singh. The complaint was made against Jaswant Singh, Amarjit Kaur was alleged to be his second wife.
Soon after the marriage, accused persons had started harassing the complainant. Husband of the complainant at the instance of other accused gave the complainant beatings and stated that she would have no place in the house if the demands are not fulfilled.
Even during the birth of complainant’s child her delivery expenses were borne by her parents. Husband and petitioners herein along with mother-in-law taunted the complainant for not giving birth to a male child.
Complainant was threatened of dire consequences on making a complaint against the husband.
Husband without taking divorce from the complainant had also solemnized a second marriage. Thus she filed a petition under Section 125 CrPC and also an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Bench observed that no direct and specific allegations against the petitioners were made out with regard to beating to the complainant or demand of dowry or misappropriation of stridhan.
Petitioner 1 is the sister-in-law of the complainant, who after marriage and had been residing in her matrimonial home, there is not even a remotest possibility that husband of the complainant was used to give beatings to her at the instance of petitioner 1. Petitioner 2 was 11 years old when the complainant alleged that she was given beatings by her husband at the instance of petitioner 2. Moreover, he had left for Canada in and was residing there since then. Similarly, petitioner 3 had also left for Canada in 1996 and was residing there since then with petitioner 2. In such an eventuality, it is hard to believe that petitioners had harassed the complainant as alleged in the complaint.
Thus, in view of the above, Court stated that,
It has become a common practice to use the provisions of Section 498- A IPC as a weapon rather than shield by disgruntled wives.
Simplest way to harass is to get the relatives of the husband roped in under this provision, no matter they are bed ridden grand parents of the husband or the relatives living abroad for decades.
In the present case also, complainant failed to make out a prima facie case against the petitioners regarding allegation of inflicting physical and mental torture.
Therefore, Court opined that the present case is a sheer abuse of process of law. [Amarjit Kaur v. Jaswinder Kaur, 2020 SCC OnLine P&H 577 , decided on 15-05-2020]