MP High Court: Casual Mention of Family Members in 498A Cases Not Justified Without Proof
Recently, the Madhya Pradesh High Court ruled that in dowry harassment cases, if the active involvement of family members is not proven, taking legal action against them is not justified.
Justice Rajendra Kumar Verma addressed a petition seeking to quash an FIR filed under Section 498-A, 323/34 of the IPC, and Section 3/4 of the Dowry Prohibition Act, 1961. The proceedings were pending before the Family Court.
The complainant, a woman, lodged an FIR stating her marriage was solemnized with the son of the first and second petitioners (the husband’s parents). She claimed her in-laws and husband harassed her and demanded Rs. 10 lakhs as dowry on various occasions. She also alleged constant taunting and pressure from her in-laws to get dowry from her parents.
Mr. Deeptanshu Shukla, counsel for the petitioners, argued that the FIR lacked the necessary ingredients for charges under Section 498-A and 323 of the IPC. He stated that both parties’ parents equally shared the marriage expenses, as mentioned in an affidavit by the complainant’s father.
Justice Verma noted that the complainant made baseless allegations against her in-laws in the FIR and her statements recorded under Section 161 of the Cr.P.C. Despite living with her in-laws for a long period, she never reported such harassment until five years after her marriage when she filed the FIR.
The High Court relied on the precedent set in Geeta Mehrotra and another v. State of U.P. and another, where it was held that merely including a large number of family members in an FIR without disclosing their active involvement is not justified. Legal action in such cases would result in an abuse of the judicial process.
In light of this, the bench allowed the petition, ruling that casual mentions of family members in 498A cases do not justify taking legal action against them without proof of their active involvement.
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