In a significant ruling, the Kerala High Court has highlighted the misuse of Section 498A of the Indian Penal Code (IPC) by some wives to target their husbands and in laws. The judgmerit, delivered by Justice A. Badharudeen on May 30, 2024, in the case of Shyamala Bhaskor v. State of Kerala (CRLMC NO 4360 OF 2019) underscores the necessity for courts to scrutinize allegations in matrimonial disputes to prevent abuse of legal provisions.
Background of the Case
The petitioner, Shyarnala Bhasker, aged 51, was the second socused in C.C. No.637/2018, filed at the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The case originated from Crime No.2502/2017 of the Medical College Police Station, Thiruvananthapuram, The primary allegation was that Shyamala Bhasker, the mother-in-law of the complainant, Jisha, aged 37, had abetted her son (the first accused) in subjecting Jisha to cruelty, including demands. for dowry
Legal Issues Involved
The central legal issue was whether the allegations against Shyamala Bhasker constituted sufficient grounds for prosecution under Section 4984 of the IPC, which deals with cruelly by the husband or his relatives. The petitioner sought to quash the final report against her, arguing that the allegations were vague and lacked specific instances of criminal conduct
Court's Decision
Justice A. Badharudeen, after hearing the arguments from both sides, including the leamed counsel for the petitioner, the defacto complainant, and the Public Prosecutor, decided in favor of the petitioner. The court quashed the final report against Shyarnala Bhasker, emphasizing the need for specific and substantial allegations to proceed with a trial under Section 498A.
Important Observations
The court made several critical observations regarding the misuse of Section 498A
1. General and Sweeping Allegations: The court noted that the allegations against Shyarmala Bhasker were general and sweeping without any specific instances of cruelty it stated. "If a person is made to face a onminal trial on some general and sweeping allegations without bringing on record any specific instances of criminal conduct, it is nothing but abuse of the process of the court"
2. Duty of the Court: The court highlighted its duty to scrutinize allegations in matrimonial disputes to prevent misuse of legal provisions. "The court owes a duty to subject the allegations leveled in the complaint to a thorough scrutiny to find out prima facie, whether there is any grain of truth in the allegations or whether they are made only with the sole abject of involving certain individuals in a criminal charge." the judgment read.
3. Hearsay Evidence: The court observed that the staternents from the complainant's parents were hearsay and lacked direct evidence of the alleged cruelty by the petitioner.
4. Misuse of Legal Provisions: The judgment pointed out that in matrimonial disputes, some wives initiate criminal proceedings with vague allegations to malign and defame the husband's relatives. "In such cases, it is the duty of the court to analyze materials available when quashment is sought whether the allegations specifically state anything dealt under Section 498A so as to prosecute the accused for the said offenses," the court stated.
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