Kolkata: The Calcutta High Court on Monday Quashed two criminal complaints filed by a woman against her husband and in-laws saying women have unleashed ‘legal terrorism’ by misusing section 498A of the Indian Penal Code (IPC).
498A is a provision in IPC, which criminalises cruelty against a woman by her husband and his relatives.
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Justice Shubhendu Samant, who is hearing the case, said that Section 498A was brought for the welfare of women, but it is now being used to file false cases. The judge said, ‘Section 498A was brought in to eliminate the menace of dowry from the society. But in many cases, it was seen that “legal terrorism” was unleashed by misusing this provision.
The Court also made it clear that the cruelty covered under Section 498A cannot be proved only on the part of the wife. The court said, ‘The law allows the complainant to file a criminal complaint, but it must also be proved with concrete evidence.’
what was the matter?
A man filed a petition in the High Court challenging criminal cases filed by his estranged wife. As per the petition, the wife first lodged a complaint of mental and physical cruelty against the petitioner’s husband in October 2017. following which, in December 2017, she also accused her husband’s family members of physically and mentally torturing her.
The single bench hearing the case said that prima facie no evidence has been given to prove the allegations.
The court said, ‘The direct allegation made by the complainant against the husband is only her version. No document or medical evidence has been given in support of this. A neighbor heard the quarrel between the wife and her husband and the argument between two persons cannot establish who was the aggressor and who was the victim.”
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