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498-A Quashing Judgement | Missing Allegations in Written Statement of Wife in Divorce Case

Case Title :

Sanjay Kumar and Ors. vs. State of Bihar and Ors. (19.12.2005 – PATNAHC) : MANU/BH/0429/2005

It appears that marriage of informant-opposite party No. 2 and petitioner e No. 3 was solemnised on 1.7.1998 and out of their wedlock they were blessed with a girl child on 15.6.1999. On 15.3.2000 petitioner No. 3 filed matrimonial (divorce) case on the ground of cruelty and adultery and thereafter opposite party No. 2 filed the present case under Sections 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against the entire family of petitioner No. 3, her husband leveling general and vague allegation against them. It has been stated that the allegation made in the First Information Report does not find place in the written statement filed by the informant-opposite party No. 2 in Matrimonial Case No. 49/ 2000, which was filed earlier to lodging of the FIR, which fact has not been disputed in the counter affidavit. The facts aforementioned goes to show that the present case has been maliciously instituted by the informant with ulterior motive for wreaking vengeance due to personal grudge.Thus, in my opinion, continuance of criminal proceeding against the petitioners will be sheer abuse of the process of the Court.

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