Tuesday, June 18, 2024

WHEN FIR UNDER SECTION 498-A OF IPC COULD BE QUASHED

 

When FIR under SECTION 498-A OF IPC could be quashed

 

Recently the Supreme Court has laid down criteria for quashing  the F.I.R u/s 498-A of Indian Penal Code. The Supreme Court in a matter bearing no. 2024 INSC 369 and captioned as Achin Gupta Vs State of Haryana, have, comprehensively, dealt with the aspect.  is significant to note that ever since, the section 498-A of IPC is brought in the statute book i.e in 1984, its rampant misuse is reported. This is not to say, that the section was ill conceived. In fact, it served its purpose s well, but the aspect of misuse of it is also rampant and that is the cause of concern, over the years. Periodically, the Supreme Court has laid guidelines, still, some improvement is always craved for. The Supreme Court has, given the sanctity of marriage, have amply dealt with in several cases that section 498-A of IPC could not be invoked in omnibus manner and with a view to settle score with relatives of husband and such complaints could be quashed by invoking provisions of Section 482 of Indian Penal Code by the High Courts.

 

In the above backdrop, the discussion herein follows:

1.   That the High Court of Punjab & Haryana In Achin Gupta  Supra) had declined to quash the charge sheet in F.I.R dated 05.04.2022 in the Criminal Main No. 14198-2022 (CRM-M-14198-2022) filed by the Appellant for the offences punishable under Section 323, 406, 498A and 506 of the Indian Penal Code, 1860 (for short, the “IPC”) arising from the First Information Report No. 95 of 2021 lodged by the wife of the Appellant) at the Urban Estate Hisar Police Station, District Hisar (Haryana).

2.   That a bare perusal of F.I.R would indicate that the Appellant and his family members are alleged to have demanded dowry and thereby caused mental and physical trauma to the complainant- wife. It was also stated in the F.I.R that the family of the complainant had spent a large sum at the time of marriage and had also handed over her ‘stridhan’ to the Appellant and his family. However, soon thereafter, the Appellant and his family started harassing the complainant on the false pretext alleging that she had failed to discharge her duties as a wife and daughter-in-law and also demanded some more dowry. The Appellant is alleged to be an alcoholic, had extra marital relationship and used to regularly raise his hands on the complainant and she was subjected to inhuman treatment. It was also stated in F.I.R that father and mother of the husband of complainant  would always take the side of their son i.e., the Appellant herein. The father and mother was also arrayed as accused no.2 and 3 and would pressurize the First Informant to get something more towards dowry.

3.   That it was also alleged that the accused persons have ignored the complainant due to their dowry demand and they have even not returned the complainant, her stridhan and threatened her that if without fulfilling their demand of dowry, if the complainant comes to their house, they will kill her. The complainant also alleged that she was serving as an Assistant Professor and that the Appellant and his family would keep her entire salary. The Appellant would assault her whenever she would ask for money, saying that the First Informant should ask her family to bear her personal expenses. The Appellant allegedly continued with the extra marital affair for a long period & later filed a divorce petition in 2019 on absolutely false and baseless grounds.

4.   That upon the registration of FIR, the police carried out the investigation & proceeded to file chargesheet, in October 2021 only against the Appellant herein. A closure report was filed against the remaining 4 accused. The filing of charge sheet resulted in the Criminal Case No. CHI/1856/2021in the court of Judicial Magistrate, First Class, Hisar (Haryana). The Appellant herein moved before the High Court for seeking quashing of the charge sheet /criminal proceedings quashed. The High Court vide its judgment & order dated 05.04.2022declined to quash the criminal proceedings in exercise of its inherent powers under Section 482 of the Criminal Procedure Code, 1973.

5.   That the High Court made the following observations: -

 

“I have heard learned counsel for the petitioner at length and have gone through the record carefully. The main thrust of the arguments raised by counsel for the petitioner is that the complainant had never been interested in living in the matrimonial home and she kept on pressurizing the petitioner for living separately from his family members. In order to achieve her objective she kept on causing harassment to the petitioner and his family members. However, a perusal of the allegations in the FIR would show that the petitioner and the family members gave taunting to the complainant for lowering down their image in the society. Demand of a car was also made. Complainant was taunted for not having been incurred sufficient expenditure on marriage by her parents. There are allegations of beating the complainant by her husband and the other family members. It has been specifically alleged that the petitioner is an alcoholic and has illicit relations with one xxxxx .

 

6.    That the High Court relied upon Hon'ble Supreme Court has settled the law time State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC regarding exercising the jurisdiction under Section 482 Cr.P.C and as per the said parameter, according to high court the F.I.R could not have been quashed.

7.   That the High Court while dismissing the quashing petition preferred by the appellant had further relied upon a judgment passed by hon’ble Supreme Court in Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra, 2021 SCC Online SC 315 wherein it is held that quashing of FIR is an exception rather than an ordinary rule and the High Court should exercise the powers under Section 482 Cr.P.C. sparingly with circumspection. The high court has thus held that after taking into consideration the above facts and circumstances of the present case, in the light of the law settled, the present case does not fall in the category of cases for invoking the inherent powers under Section 482 Cr.P.C. The parameters laid down by the Hon'ble Supreme Court mandate that in a case where from the bare reading of the allegations in the FIR no cognizable offence is made out or it has been lodged to wreak the vengeance then the High Court may intervene. The veracity of the allegations leveled by the complainant can be assessed only after a thorough investigation and thereafter by the Trial Court on the basis of the evidence led before it.

SUPREME COURT

In the above backdrop, the appellant was before Supreme Court.

        Contentions of Appellant:

(i)              The Appellant and his family had filed a divorce petition and also a domestic violence case against the complainant in 2019 and 2020 respectively. As a counter blast to the same, the FIR No. 95 of 2021 dated 09.04.2021 came to be lodged after a period of more than 11 months from the date the First Informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence case. No plausible explanation has been offered for such delay.

(ii)             The FIR was filed with an oblique motive & by way of vengeance towards the Appellant. The complainant and Appellant were married for over 12 years.

(iii)           The allegations in the FIR are too vague and general in nature. There is no specific allegation/incident of harassment levelled against the Appellant in the FIR.

 

Contentions of respondent wife:

(i)              The Appellant and his family continuously demanded for additional dowry after the marriage. They used to beat the complainant and take away her entire salary.

(ii)             After filing of the divorce petition, the Appellant stopped paying anything towards her maintenance and also disconnected the basic facilities such as water connection etc., leaving her with no option but to leave the matrimonial home and return to her parents house at Hisar.

(iii)           The Appellant had an affair with another woman. Only with a view to save the marriage, she kept quiet and did not inform about it to the others.

(iv)          The domestic violence case filed against the complainant  is absolutely frivolous and vexatious.

(v)            The Appellant failed to inform this Court that he had withdrawn the divorce proceedings instituted against the complainant.

ANALYSIS OF SUPREME COURT

(i)          The Appellant and the Respondent No. 2/wife  got married in October 2008.The couple lived together for more than a decade and in the wedlock a child was born in March 2012.It was also noted that the Appellant filed a divorce petition in July 2019 on the ground of cruelty. The divorce petition was withdrawn as the Appellant was finding it difficult to take care of his child, while travelling all the way to Hisar on the dates fixed by the Court. The Appellant’s mother had to file a domestic violence case against the First Informant/complainant in October 2020 under the provisions of the Protection of Women from Domestic Violence Act, 2005.

(ii)        The plain reading of the FIR and the chargesheet papers indicate that the allegations levelled by the First Informant are quite vague, general and sweeping, specifying no instances of criminal conduct. It is also pertinent to note that in the FIR no specific date or time of the alleged offence/offences has been disclosed. Even the police thought fit to drop the proceedings against the other members of the Appellant’s family. Thus, the Supreme Court was of the view that the FIR lodged by the Respondent No. 2 was nothing but a counterblast to the divorce petition & also the domestic violence case.

 

(iii)       The Supreme Court has also noted that the Respondent No. 2/wife had lodged the FIR on 09.04.2021, i.e., nearly 2 years after the filing of the divorce petition by the Appellant and 6 months after the filing of the domestic violence case by her Mother-in-law. Thus, the First Informant/complainant remained silent for nearly 2 years after the divorce petition was filed. With such an unexplained delay in filing the FIR, the Supreme Court had noted that the same was filed only to harass the Appellant and his family members.

(iv)    In para no. 20 and 21 in Achin Gupta (Supra), the Supreme Court has observed as under:

“20. It is now well settled that the power under Section 482 of the Cr.P.C. has to be exercised sparingly, carefully and with caution, only where such exercise is justified by the tests laid down in the Section itself. It is also well settled that  Section 482 of the Cr.P.C. does not confer any new power on the High Court but only saves the inherent power, which the Court possessed before the enactment of the Criminal Procedure Code. There are three circumstances under which the inherent jurisdiction may be exercised, namely :

(i)      to give effect to an order under the Code,

(ii)     to prevent abuse of the process of Court, and

(iii)       to otherwise secure the ends of justice.”

 

 

“21. The investigation of an offence is the field exclusively reserved for the Police Officers, whose powers in that field are unfettered, so long as the power to investigate into the cognizable offence is legitimately exercised in strict compliance with the provisions under Chapter XII of the Cr.P.C.. While exercising powers under Section 482 of the Cr.P.C., the court does not function as a Court of appeal or revision. As noted above, the inherent jurisdiction under the Section, although wide, yet should be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. The authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has the power to prevent such abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers, the court would be justified to quash any proceeding if it finds that the initiation or continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto”.

Significantly, the supreme Court has further observed in the Achin Gupta (Supra) that Once the investigation is over and chargesheet is filed, the FIR pales into insignificance. The court, thereafter, owes a duty to look into all the materials collected by the investigating agency in the form of chargesheet. It is further observed by the Supreme Court that there is nothing in the wording of Section 482 of the Cr.P.C. which in any manner restricts the exercise of the power of the court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. More pertinently, it is held that it would be a travesty of justice to hold that the proceedings initiated against a person can be interfered with at the stage of FIR but not if it has materialized into a chargesheet.

(v)      The Supreme Court had also relied upon judgment rendered by it reported as R.P. Kapur v. State of Punjab reported in AIR 1960 SC 866, while  summarising some categories of cases where inherent power can, and should be exercised to quash the proceedings: -

(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction;

ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge.

(vi)         In the case of Arnesh Kumar v. State of Bihar, (Criminal Appeal No. 1277 of 2014, while granting anticipatory bail to accused under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, 1961,  paras 6 respectively are worth taking note of. They are reproduced below: -

“6. There is phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-A of the IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A  is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. Crime in India 2012 Statistics published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498-A of the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Penal Code, 1860. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal”..

 

(vii)        The Supreme Court, in the case of State of A.P. v. Vangaveeti Nagaiah, reported in (2009) 12 SCC 466 : AIR 2009 SC 2646, interpreted clause (iii) referred to above, observing thus: -

“6. In dealing with the last category, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained….”.

 

(viii)      In Preeti Gupta v. State of Jharkhand, reported in 2010 Criminal Law Journal 4303 (1), the Supreme Court has observed the following: -

“28. It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.”

 

(ix) The Supreme Court has thus concluded in Achin Gupta (Supra) by observing as under:

“33. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful”.

 

The observation of Supreme Court is apt, while quashing the proceedings/charge sheet u/s 323, 406, 498A and 506   against the appellant herein.

                                           ------

 

Anil K Khaware

Founder & Senior Associate

Societylawandjustice.com

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