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by Admin
07 May 2024 2:49 AM
In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Jammu has quashed the charge-sheet in a dowry harassment case, underscoring the misuse of criminal proceedings in matrimonial disputes. The judgment, pronounced on December 28, 2023, by Hon’ble Mr. Justice Rajnesh Oswal, brought relief to the petitioners, accused under Sections 498-A, 342, 504, and 506 of the Indian Penal Code (IPC).
In this landmark judgment, the court observed, “Criminal proceedings cannot be used as a tool of harassment in matrimonial disputes.” This observation came in the backdrop of allegations deemed vague and unsubstantiated against the petitioners, primarily targeting the husband.
The case, CRMC No. 686/2017, involved the petitioner’s seeking the quashing of a charge-sheet alleging dowry harassment and cruelty. The court found that the allegations were not only vague but also lacked specific evidence against the petitioners, who were the in-laws and step-sons of the complainant.
Highlighting the misuse of Section 498-A IPC, the court referenced several landmark judgments, including “Arnesh Kumar v. State of Bihar”, which noted the increase in matrimonial disputes and the potential misuse of the legal provisions intended to protect women from marital cruelty.
Justice Oswal, in his judgment, emphasized the importance of specific allegations and evidence in such cases to prevent the misuse of law. He remarked, “It is a matter of serious concern that a large number of cases continue to be filed under Section 498-A alleging harassment of married women.”
The decision was also based on the principles laid out in “Rajesh Sharma v. State of U.P.”, and other notable cases, where the Supreme Court of India had expressed concern over the indiscriminate use of Section 498-A IPC.
Date of Decision: Pronounced on 28.12.2023
Subash Chander Leekha VS Jammu.
