Debangana Ray
Published on August 2, 2022 at 18:07 IST
The Jammu and Kashmir and Ladakh High Court ruled that in crimes regarding matrimonial disputes, the relatives of husband should not be roped in unless there are specifically involved in the commission of the crime.
The Bench consisting of Justice Sanjay Dhar heard petitions seeking indulgence of courts to invoke its powers under Section 482 of CrPC.
Allegations made must be carefully looked into before prosecution and if there is no mention of specific instances of cruelty against the relatives of the husband, then they cannot be prosecuted.
Registration of an FIR does not amount to taking of cognizance and therefore the bar contained in Section 468 of the CrPC cannot be made applicable to the registration of FIR and undertaking investigation into an offence, the bench stated. Hence, the FIR against relatives of the husband was quashed and the petition of the husband was also dismissed due to lack of merit.