16 October 2024 Husband or relative subjecting the women to cruelty >> Criminal Law   |   Family dispute >> Family Law  

The FIR was lodged by Respondent No. 3, who had been married to Irfan and accused his family members (Applicants) of instigating his ill-treatment of her. The Applicants are the relatives of Irfan, including his brothers, their wives, and father, who were allegedly involved in harassing the complainant via calls and messages. The complainant claimed that the Applicants abused her and pressured her to leave Irfan, but there were no specific allegations made against any of them, especially since many of the Applicants resided outside Mumbai and had never visited the couple.

The Applicants' counsel argued that there was no direct evidence linking them to the alleged harassment, and the allegations were vague and general. Statements from the complainant’s family supported the Applicants' position, noting that the marital issues between the complainant and Irfan were mostly about the secrecy of their marriage and financial disputes.

The court, citing precedents, emphasized that false or vague allegations in matrimonial disputes should not lead to the prosecution of in-laws, especially if there is no concrete evidence against them. It was concluded that continuing the trial against the Applicants would be an abuse of the legal process. Therefore, the court quashed the criminal proceedings against the Applicants, though it clarified that the complainant could still pursue other legal remedies.

Section 34., Indian Penal Code - 1860  

Section 377., Indian Penal Code - 1860  

Section 406., Indian Penal Code - 1860  

Section 498A., Indian Penal Code - 1860  

Section 506., Indian Penal Code - 1860  

Indian Penal Code, 1860