A Delhi court has acquitted husband’s parents – accused of subjecting their daughter-in-law to cruelty – by observing that the law enacted for justice to the victims of matrimonial offences cannot be permitted to become a tool for harassment of innocent people. The daughter-in-law is a Delhi Police constable.
The couple was booked under:
- Section 406 (Punishment for criminal breach of trust)
- Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and 34 (common intention)
…of the Indian Penal Code.
Case:
The complainant alleged that her husband misrepresented himself as a public prosecutor at Tis Hazari Court while he was posted as a lower divisional clerk. It was further alleged that her husband and in-laws had started torturing her over dowry, as reported by The Indian Express.
Metropolitan Court:
The court held that the false testimony of the complainant, planting of witnesses, and forgery of documents in the case throws light on the conduct of the complainant. While passing the order, Metropolitan Magistrate Shivani Chauhan quoted:
She has falsified and concocted various allegations and has suppressed important facts in order to harass the accuse and had misused the provisions of the IPC. In such glaring circumstances, the court cannot be expected to sit as a mute spectator, where Law, which is solely enacted for social justice to the Victims, is being misused and abused and made a tool of harassment of innocent persons.
The court also noted that there was material on record to show that the “streedhan” list was forged and fabricated by some person, who should be identified and prosecuted.
The couple was acquitted by the honourable court, and also the court granted a compensation of Rs 10,000 to the in-laws stating,
They have suffered ignominy of trial for several years and also in furtherance of the principle that wrong-doers should not get benefit of frivolous litigation.
MDO Take:
- Is mere acquittal justice to the couple in this case?
- While the intention of the judge is appreciated, Rs 10,000 as compensation after years of harassment and naming shaming in society does not do justice
- It is not about monetary compensation; many falsely accused people do not want compensation in such cases
- Why is the woman and her family who filed such false and frivolous case not convicted?
- When the system allows such women to escape from any consequences, the fear of repeating the same is almost NIL
- While the judge has asked for prosecuting the person responsible for this forging documents, there is hardly a closure in such legal battles
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