
The Jammu & Kashmir and Ladakh High Court has quashed proceedings under Section 498-A IPC and Section 4 of the Dowry Prohibition Act filed by a woman against her husband and his family, noting that the FIR appeared retaliatory following the husband’s second marriage.
The petitioners approached the High Court, arguing that the FIR was lodged with mala fide intent after the wife had already filed multiple civil and quasi-criminal proceedings, including maintenance under Section 125 CrPC and domestic violence proceedings under Section 12 of the Domestic Violence Act.
The court observed inconsistencies in the allegations. While the FIR claimed cruelty and dowry harassment, earlier proceedings did not mention dowry-related complaints against the husband’s mother. The court noted that the FIR was filed directly with the Senior Superintendent of Police instead of the local police station, suggesting unusual circumstances.
Citing Supreme Court guidance, the bench highlighted that vague, generalized allegations arising from matrimonial discord should be curtailed. Since the criminal allegations surfaced only after the husband’s second marriage, the High Court concluded that continuing the proceedings would constitute abuse of the legal process and quashed the FIR.
The Jammu & Kashmir and Ladakh High Court has quashed proceedings under Section 498-A IPC and Section 4 of the Dowry Prohibition Act filed by a woman against her husband and his family, noting that the FIR appeared retaliatory following the husband’s second marriage.
The petitioners approached the High Court, arguing that the FIR was lodged with mala fide intent after the wife had already filed multiple civil and quasi-criminal proceedings, including maintenance under Section 125 CrPC and domestic violence proceedings under Section 12 of the Domestic Violence Act.
The court observed inconsistencies in the allegations. While the FIR claimed cruelty and dowry harassment, earlier proceedings did not mention dowry-related complaints against the husband’s mother. The court noted that the FIR was filed directly with the Senior Superintendent of Police instead of the local police station, suggesting unusual circumstances.
Citing Supreme Court guidance, the bench highlighted that vague, generalized allegations arising from matrimonial discord should be curtailed. Since the criminal allegations surfaced only after the husband’s second marriage, the High Court concluded that continuing the proceedings would constitute abuse of the legal process and quashed the FIR.
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