Munmun Kaur
Published On: December 27, 2021 at 12:30 IST
Supreme Court quashed criminal proceedings against a man and a woman observing that time and again the Court has witnessed the family of the husband being made accused in matrimonial disputes by making casual references to them in the FIR.
The Apex Court set aside the Allahabad High Court’s order in a dowry death case directing the victim’s brother-in-law and mother-in-law to surrender and apply for bail.
The Bench of Justices R Subhash Reddy and Hrishikesh Roy observed that a lot of names of family members were casually mentioned in the FIR with the content not disclosing any active participation on their parts. Therefore, taking cognizance against them was not justified and results in abuse of Judicial power.
“This Court, time and again, has noticed making the family members of the husband as accused by making casual reference to them in matrimonial disputes,”
The Apex Court further observed that even the statement given by the father of the victim does not disclose any such concrete allegations against the appellants to show their involvement in the alleged offence.
Apparently, the father of the victim had lodged a complaint in 2018 against the husband, father-in-law, mother-in-law, brother-in-law, and sister-in-law of the victim that they used to continuously demand 10 Lakh rupees and a car as dowry. Another allegation stated that they used to beat her and threatened to kill her in pursuance of the demand being unfulfilled. On July 24, 2018, at about 8 pm, the accused allegedly beat his daughter, killed her by putting a noose around her neck and hanged her.
Although, the Court has observed that there were no external injuries noticed in the autopsy certificate except the ligature mark around her neck with the cause of death being asphyxia.
