Allahabad High Court Grants Relief to Sisters-in-Law in Dowry Harassment Case
The Allahabad High Court has granted relief to two sisters-in-law accused in a dowry harassment case under Section 498A of the Indian Penal Code (IPC). The Court ruled that the sisters-in-law, who lived far from the matrimonial home, could not be considered direct beneficiaries of the alleged dowry demands.
Justice Ram Manohar Narayan Mishra delivered this ruling while allowing a revision plea that challenged an earlier decision made by the Additional Chief Judicial Magistrate of Gorakhpur. The Magistrate had rejected the discharge application filed by the accused sisters-in-law under Section 245 of the Criminal Procedure Code (CrPC).
The complainant, Alka Rani, initially filed a case in 2004, claiming matrimonial cruelty and dowry demands after her marriage to Rajesh Agarwal in 2002. In her complaint, she accused her in-laws, including her mother-in-law, brother-in-law, and sisters-in-law, of harassment. She also alleged that her sisters-in-law, Lakshmi Poddar (Shikha Poddar) and Sunita Tulsyan, pressured her to abort her pregnancy.
The trial court registered her complaint and summoned the accused under multiple sections, including Section 498A, which deals with cruelty towards a married woman, and sections related to dowry prohibition. In October 2022, the sisters-in-law sought to be discharged, claiming they were falsely implicated in the case. They argued that they were already married and living in Calcutta (Shikha Poddar) and Thane (Sunita Tulsyan) during the time of the alleged harassment, and could not have participated in the acts mentioned.
However, the lower court found enough evidence to proceed with the case, dismissing their plea for discharge. The accused then filed a revision plea, arguing that the allegations were vague and intended to harass them as they were the sisters of the complainant’s husband.
The High Court observed that the complainant admitted her sisters-in-law were married and living far away at the time of the alleged incidents. While she accused them of visiting her home and pressuring her to abort her pregnancy, there was no medical evidence to support these claims.
Supreme Court judgments in similar cases, such as Kahkashan Kausar vs State of Bihar and Geeta Mehrotra vs State of U.P., were referenced by the High Court. These rulings highlight the risk of family members being dragged into matrimonial disputes based on general allegations.
The High Court criticized the lower court for not considering the possibility of false accusations against the sisters-in-law, given their distant living arrangements and the lack of direct evidence. The Court allowed the revision plea and ordered the magistrate to reconsider the discharge application.
Case Title: Lakshmi Poddar @ Shikha Poddar And Another vs. State of U.P. and Another
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