‘Misuse Of Legal Provisions’: Delhi Court Discharges Husband, Family Members From Cruelty Charges

A local court has discharged a man and 7 members of his family from charges of cruelty, sexual harassment, and dowry demands, holding that the complaint appeared to have been filed with malice & vengeance rather than genuine intent to seek justice.

The order was passed on August 14 by Judicial Magistrate Shruti Sharma, who was hearing a case lodged by a woman against her husband and in-laws under Sections 498A (cruelty to a married woman), 354 (outraging modesty), and other provisions of the Indian Penal Code.

Allegations Found Exaggerated

The court noted that the woman had levelled the “gravest of allegations” against all her husband’s family members, including two male relatives accused of sexual assault.

“It appears that the complainant has exaggerated actual facts and attempted to strengthen her case by levelling the gravest of allegations against all members of her husband’s family,” the order stated. The court remarked that the sweeping nature of the accusations indicated a misuse of legal provisions rather than a legitimate attempt to seek relief.

Matrimonial Discord vs. Criminal Offence

In its detailed reasoning, the court underlined that cruelty under Section 498A must be so grave as to endanger a woman’s life or drive her to take an extreme step.

However, the complainant had admitted in her statement that her husband, though sharing the same room, would not speak to her.

According to the court, this admission reflected an irretrievable breakdown of the marriage, rather than cruelty of the kind envisaged under the law.

“Marriages fail for several reasons; however, giving matrimonial disputes a colour of a criminal offence is a far-stretched interpretation of Section 498A, which is not in consonance with the intention of the legislature,” the magistrate observed.

Sexual Harassment Allegations Rejected

The court dismissed allegations of sexual harassment and outraging modesty against the woman’s in-laws as vague, inconsistent, and unsubstantiated.

On the charge of attempted rape by the father-in-law, the magistrate said, “The casual use of an extremely serious allegation like attempt to rape, without any supporting detail or medical evidence, undermines not only the credibility of the complainant’s case but also the integrity of real victims who suffer the trauma of such offences.”

Similarly, allegations of outraging modesty against the brother-in-law were described as an afterthought.

Unsubstantiated Claims Of ‘Stridhan’ Misuse

The court also discharged the accused of charges relating to misappropriation of the woman’s ‘stridhan’ (marital property), noting that no evidence had been presented to prove entrustment or misappropriation.

The woman had further alleged that her husband forced her into unnatural sexual acts on their wedding night, causing injury and bleeding.

But the court noted that she had refused to undergo medical tests and had not produced any Medico-Legal Case (MLC) records to support the claim.

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