To book in-laws, a woman must make ‘specific allegation’: HC
In a significant ruling, the Bombay High Court has said that an aggrieved woman, who files domestic violence case against her in-laws, must make ‘specific allegations’ against the relatives of her husband. The HC held that only an omnibus statement made by the woman cannot be relied to prosecute her in-laws.
A division bench of Justices Ranjit More and Bharati Dangre, accordingly, quashed an FIR registered against a 31years-old woman at the instance of her brother’s wife, under charges of domestic violence. The bench while quashing an FIR, noted ‘young age’ of the woman and also the fact that her sister-in-law had made vague allegations against her.
“Perusal of section 498A (domestic violence) would reveal that the harassment or torture inflicted on the woman should be of grave nature and which is expected to be something more than a normal wear and tear of a marital life. The gravity of the accusation must be clearly reflected in the complaint and whenever allegations are made against the relatives of the husband, then the complaint must specify the harassment or cruelty inflicted at the instance of such a relative,” the bench said.
“The allegations in the complaint should make out a specific case against the relatives and mere naming such a relative without attributing any specific role is not sufficient,” the bench ruled.
The bench in its important order, passed last week, said the allegations made against the woman by her sister-in-law fell short of making out any case against her and her implication in the criminal case would amount to an abuse of the process of law.
“In such circumstances, the present petitioner who is a young girl of 31 years and who has a bright future, cannot be made a scapegoat and she should not be made to lead her life of being an accused till she undergoes the lengthy journey of procedure and seek an acquittal on going through the whole process,” the judges held.
The bench while quashing an FIR, noted ‘young age’ of the woman and also the fact that her sister-in-law had made vague allegations against her