Sandeep S/o Devidas Aware VERSUS State of Maharashtra (Bombay High Court) (Nagpur Bench)

Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act:

(i) It is noticed that now a days in the proceedings arising out of matrimonial discord, there is tendency of wife to implicate the husband and his family members in the web of crime. The police complaint is considered in such matters as the only panacea to teach lesson to the family members of the husband. As such, only out of ulterior motive to settled personal score wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband has to face the agony of criminal trial, when no prima facie case is made out against them.

(ii) The allegation against Applicant Nos.2 to 8 are of general nature namely they used to utter insulting language against her and never respected her as a daughter-in-law and further instigated her husband to cause more harassment to her. In support of this allegation, no details are given such as time, date, place and the nature of harassment. Hence, all allegation against relatives of husband are to be treated as vague and general in nature.

(iii) In the present case, there are no specific allegation disclosing date, time and place or manner in which alleged harassment meted out at the hands of relatives of family members. There are only allegations against husband i.e. applicant no.1.

(iv) In view of above, we are of the considered opinion that offence under Section 498-A, 323, 504, 506 and Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act is not at all attracted against the applicant nos. 2 to 8 who are the relatives of husband.