What remedy do in-laws have if the wife makes vague allegations of domestic violence against them?

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Shubham Budhiraja[1]

 

Ms. A filed a petition under 498A IPC against her husband and in laws-family members. The Brother in law filed discharge application stating that no specific allegations made against him. The MM court allowed the discharge and session judge confirmed it in revision. Under Section 482 CRPC, the Hon’ble High Court confirmed the discharge of brother in law by holding that MM court while dealing with discharge application cannot act as mere post office.[2]

 

(I)         If false implications, by way of general omnibus allegations made in the course of matrimonial dispute are left unchecked, the same would result in misuse of the process of law.

 

(II)       It is a settled law that a judge, while considering the question of framing of charges, is certainly empowered to weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out.

 

(III)     Where the material placed before the court discloses great suspicion against the accused, which has not been properly explained, the court will be fully justified in farming the charge and proceeding with the trial. However, if two views are equally possible and the judge is satisfied that the evidence produced before him gave rise to some suspicion but not grave suspicion against the accused, the judge will be fully justified to discharge the accused.

 

(IV)      In exercise of jurisdiction under Section 227 of Cr.P.C., the judge cannot act merely as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court and should not make a roving inquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com,  +011-45059142

[2] CRIMINAL MISCELLANEOUS CASE 994/2013, Delhi High Court, Judgment dated 18/08/2022

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