New Delhi:
The Delhi High Court has raised serious concerns about the increasing misuse of Section 498A of the Indian Penal Code, where women in matrimonial disputes often name all of the husband’s relatives—sometimes even minors—in their complaints.
A division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta made these remarks while hearing the case of a man whose appointment as a Delhi Police sub-inspector was delayed due to his name appearing in a 498A FIR filed by his sister-in-law.
The court observed that many such complaints are filed during emotional outbursts over minor issues and are often settled out of court later.
“There is a rising trend of naming every family member, including those not directly involved, in 498A complaints. While the original intention behind Section 498A is important, its misuse must not be ignored,” the court noted.
In this case, the man had cleared all the required exams conducted by the Staff Selection Commission for the sub-inspector post between May 2017 and September 2018. However, the Delhi Police withheld his appointment because he was named in the FIR, even though no evidence linked him to the alleged offense.
The charge sheet listed his name under Column 12, which means he was not an accused, and no charges were framed against him.
“Just being named in an FIR should not stop someone from getting a government job, especially when there is no proof of involvement after investigation,” the bench said.
The court criticized the Central Administrative Tribunal (CAT) and Delhi Police for giving too much importance to his name in the FIR, even though he had not been summoned or formally charged.
With these observations, the Delhi High Court ordered Delhi Police to appoint the petitioner as sub-inspector.
Case Title: Vikram Ruhal vs Delhi Police
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