Case Title: Rajana vs State of Madhya Pradesh
A single bench of Justice Vivek Rusia of Madhya Pradesh High Court while hearing the application seeking quashing of FIR accusing husband and his family members of the offence under section 498A (cruelty to women) of Indian Penal Code, commented on the misuse of the cruelty, that now a days there is a package of 5 cases against the husband and family members by the wife.
“Nowadays there is a package of 5 cases against the husband and family members in family court and the criminal court under IPC, the Hindu Marriage Act and the Protection of Women from Domestic Violence Act, 2005”
The FIR was registered by a wife against her husband and other family members alleging that she was ill-treated by her in-laws and thrown out of the house after her husband left for Australia following to which the application for the quashing of the FIR filed by the father of the husband.
The wife has given the power of attorney to his aged father to contest the case against her as she is in Australia.
Justice observed that now a days husband and wife residing abroad and their parents are made to suffer by way of litigations.
“Now a day it is very common for the husband and wife to reside or do jobs outside of India and their parents are made to suffer in India by way of criminal or matrimonial litigation.”
While quashing the criminal case justice terminated that it is a case of reverse cruelty upon the accused.
It is noted by the bench that there was a delay of 1 year in lodging the FIR and there was no explanation for the same. It is further added that the FIR was registered at the wrong place as the accused were residing at Gurgaon and Indore where the marriage took place, FIR was registered.
Justice added that Section 498A of the IPC, which is meant to punish cruelty by a husband or his family members, is being misused nowadays.
The bench quashed the criminal case observing that “At present, the husband and wife both have settled in Australia. The parents of the husband are being harassed by way of the criminal case in India… There is no specific allegation that when her husband left India for Australia there was any demand for dowry, etc”.