S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal proceedings against. "In such circumstances, normally against a person who is not falling under any of the aforesaid categories when allegations are raised, in the light of the observations made in Preeti Gupta's case, the Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether the allegations against such a person is an exaggerated version," stated the judgment authored by Justice Ravikumar. Considering the fact that the petitioners were residing in a different city from the place of residence of the complainant's daughter, the Court further observed : "In matters like the one at hand when relatives not residing in the same house where the alleged victim resides, the courts shall not stop consideration by merely looking into the question where the accused is a person falling within the ambit of the expression 'relative' for the purpose of Section 498-A, IPC, but should also consider whether it is a case of over implication or exaggerated version solely to implicate such person to pressurise the main accused." For Appellant: AOR Ajay Choudhary and Vineet Bhagat; Advocates Manju Bhagat, Archna Midha, and Aksveer Singh Saggu For Respondents: AOR Karan Sharma; Advocates Rishabh Sharma and Harsh Jaidka Case : Payal Sharma v State of Punjab Citation : 2024 LiveLaw 924 Related - S. 498A IPC | Courts Must Identify Instances Of Over Implication Of Persons In Cases & Avert Undue Suffering To Them: Supreme Court