The Hon’ble Apex Court in case of Kahkashan Kausar alias Sonam and others vs. State of Bihar and others, (2022) 6 SCC 599 has observed the misuse of the provisions of Section 498A of Indian Penal Code to cause harassment to the relatives of husband. The observations made therein deserve consideration which read thus :-
“17. ….this Court has at numerous instances expressed concern over the misuse of Section 498-A I.P.C. and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long-term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this Court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.”
Unfortunately, similar trend seems to have been adopted and proceedings under DV Act are filed at even distant place i.e. place where aggrieved person resides as per Section 2(s) of Act and not only husband and joint family members residing under one roof are made respondents but distant relatives those who have no domestic relationship are also roped in order to cause harassment and to build pressure on husband.
In considered view of this Court the observations made by Hon’ble Apex Court, while dealing with offence under Section 498-A of Indian Penal Code, apply to the cases under DV Act, which are filed in clear abuse of process of Court.
The present case is squarely covered by illustrations (1), (3) and (7) in case of Bhajanlal (supra) and hence such proceeding cannot be permitted to be continued.
- In view of the above discussion, this is a fit case to quash proceedings under DV Act qua applicants No. 4 to 6. Hence order :
Case Refe: Dhananjay Mohan Zombade vs Prachi w/o Dhananjay Zombade
CRIMINAL APPLICATION NO. 312 OF 2023, HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
