Pinnacle Court says that Omnibus dowry allegations don’t improve prosecution

The Top court today held that normal and casual allegations can’t be an improvement remedy for prosecution and ordered all courts to be alert in dealing regarding those issues.

Top court’s bench comprising judges Abdul Nazeer and Krishna Murari delivered that Supreme court in its various judgements had mentioned different views and alerted courts not to go further versus the knowns of the husband while nothing prima facie case is brought up regarding those.

The bench also noted while striking out an FIR opposing the husband’s family members who had criticised and framed them and her husband of brutality and violence in Sake of dowry.

Accepting their appeal opposing the 13th November 2019 order of Patna High Court, which had struck down their case opposing the FIR of 1st April 2019; The court mentioned that “the allegations made against them being general and omnibus, do not warrant prosecution”.

The judgment was “upon a perusal of the contents of the FIR… it is revealed that general allegations are levelled” opposing the appellants. The allegations from the wife that her husband brutally harassed psychologically and blackmailed her to go for abortion.

Bench expressed that " This court has at numerous instances expressed concern over the misuse of section 498A of IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked, would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws when no prima facie case is made out against them”.

In giving ease to the petitioner, the bench observed that there was no point in opposing the in-laws and the woman’s claims were normal and casual in regard which was not impactful to continue it further.

Bench noted and said that "The allegations are therefore general and omnibus and can at best be said to have been made out on account of small skirmishes. Insofar as the husband is concerned, since he has not appealed against the order of the high court, we have not examined the veracity of allegations made against him. Anyways, from the appellants view, the charges and allegations brought against them being normal and omnibus, do not warrant prosecution".

Finally, today, keeping out the order of Patna High Court and striking the FIR, the judgment came out that it “has been highlighted by this court in varied instances, that a criminal proceeding for eventual acquittal also makes major marks over the accused, and such an act must not be encouraged.”