It is in the fitness of things that the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled Rajesh Chaddha vs State of Uttar Pradesh in Criminal Appeal [Arising out of SLP (Crl.) Nos. 2353-2354 of 2019] and cited in Neutral Citation No.: 2025 INSC 671 in the exercise of its criminal appellate jurisdiction that was pronounced as recently as on May 13, 2025 acquitted a man in a 26-year-old dowry and cruelty case while raising and flagging its most serious concerns about the growing misuse of Section 498A IPC and the Dowry Prohibition Act, 1961 in matrimonial disputes.
We thus see that the Apex Court Bench comprising of Hon’ble Ms Justice BV Nagarathna and Hon’ble Mr Justice Satish Chandra Sharma overturned the man’s conviction on finding that the allegations against him were vague, omnibus and lacking in specifics. It must be noted that the Bench thus allowed the appeal and set aside the Allahabad High Court’s 2018 order acquitting the husband of all charges.
It is high time and to say the least, what Justice Malimath Committee appointed to recommend reforms in the criminal justice system headed under the Chairmanship of Hon’ble Mr Justice VS Malimath who is former Chief Justice of Karnataka and Kerala High Court, former Chairman of Central Administrative Tribunal (CAT) and so also former Member of National Human Rights Commission (NHRC) about 22 years ago in 2003 who had very strongly recommended that Section 498A IPC should be made compoundable and bailable so that there is less misuse and disputes between husband and wife don’t end in divorce quickly needs to be implemented at the earliest! Absolutely right!
It is really most unfortunate and a national disgrace that even in the revised penal laws we see no such changes having been made which makes me hang my head in shame as the old laws have been fully copy pasted which definitely cannot be ever justified under any circumstances! There can be just no denying or disputing it!
To say the very least, I had never even in my wildest of dreams ever expected this most atrocious absurdity from our learned law makers even in this revised penal laws which makes me hang my head in shame! Why have they not made any changes in it truly baffles me and aghast me that why the most notorious Section 498A of IPC has been left untouched by our lawmakers? How the legal experts who have prepared this new revised penal laws have committed a Himalayan blunder on this key issue is most astounding indeed?
I still fervently hope that at least now our lawmakers will summon the courage to act to make the suitable amendments in Section 498A of IPC and so also in Dowry Prohibition Act that are so desperately needed so that these laws are not blatantly, brutally and baselessly misused against husband and his relatives time and again not sparing even ailing, old parents nor small children! It is Centre which must display the political will to act courageously in this regard and take Parliament into confidence to ensure that a woman who levels false charges against men is brought to book and not enjoy life after sending men to jail or to coffin!
Why should a woman who levels false charges and those who help and abet her be not punished most strictly and sent to jail at least for few years so that the right message goes out and no woman ever dares to level false allegations at the drop of a hat as we have been witnessing most unfortunately since last so many decades because they are not made accountable for levelling false charges? Why should she be allowed to comfortably sleep in open and not suffer even after making the life of men a hell by sending him to jail on frivolous charges not sparing even his parents and relatives without even a speck of truth in those allegations?
Most recently, we have seen how even the Delhi High Court in a most progressive, pertinent, pragmatic and persuasive oral judgment titled Nitin Kumar And Ors vs State (NCT of Delhi) And Anr in CRL.M.C.3308/2025 and cited in Neutral Citation No.: 2025:DHC:4139 that was pronounced as recently as on 21.05.2025 has minced absolutely just no words to state in no uncertain terms that false allegations of domestic violence creates cynicism and gives rise to suspicion against genuine victims and should be dealt with strong arm of law. It must be noted that the Court was considering a petition that sought quashing of an FIR for offences under Sections 498A, 406 and 34 of the IPC.
It cannot go unnoticed that the Single Judge Bench comprising of Hon’ble Mr Justice Girish Kathpalia of Delhi High Court who authored this notable judgment was most categorical in asserting most forcefully holding that:
The truthfulness or falsity of those allegations is to be tested through trial. If those allegations are truthful, the petitioners deserve punishment in accordance with law but if those allegations are false, respondent no.2 also must face consequences in accordance with law through the strong arm of State. For, such allegations if false have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims.
Truth be told, we come across so many cases where men commit suicide in despair because of so many false cases that women levels and in many cases suffer jail term for no fault of his and yet why should she be ever allowed to still roam scot free if the allegations are found to be utterly false? This is indubitably the root cause that goes on to encourage woman to level any charge that lawyer advises or her parents advises or any of her relatives or friend advises or she does it at her own volition as she faces just no punishment at all! A woman must definitely be punished most strictly if she levels false allegations and even the revised penal laws must be amended further to ensure that the needful is done in this regard immediately! This needs to be done on a war footing and it certainly brooks no more delay any further as it will check the gross abuse of law and help save the life of a men from being disrupted or terminated for no fault of his!
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Girish Kathpalia of Delhi High Court sets the ball in motion by first and foremost putting forth in para 1 that:
Petitioners seek quashing of FIR No. 158/2024 of PS Gokul Puri for offence under Section 498A/406/34 IPC. It is submitted by both sides that they have compromised the disputes. All petitioners and respondent no.2 have personally appeared in court, identified by their respective counsel and the IO/SI Renu Pawar.
To put things in perspective, the Bench envisages in para 2 while elaborating briefly on the facts of the case as stated in the FIR that:
On the face of it, the present case appears to be an innocuous petition to seek quashing of FIR related to matrimonial disputes. But a reading of the FIR shows that it is not so. In the FIR, the present respondent no.2 has levelled quite obnoxious allegations against the petitioners. It is alleged in the FIR that the petitioners, without her knowledge clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for oral and anal sex, so she succumbed to the pressures. The petitioner no.1 also threatened respondent no.2 that he would upload all those videos and photographs on social media. Further, according to respondent no.2, her father-in-law and both brothers-in-law molested her as and when they got a chance. The respondent no.2 in the FIR has also narrated the specific instances when she was molested by her brothers-in-law and even father-in-law.
As we see, the Bench then states in para 3 that:
In the course of hearing today, respondent no.2 submits that all the allegations mentioned in the FIR are truthful.
Most significantly, most forthrightly and so also most remarkably, the Bench encapsulates in para 4 what constitutes the cornerstone of this notable judgment postulating precisely that:
The truthfulness or falsity of those allegations is to be tested through trial. If those allegations are truthful, the petitioners deserve punishment in accordance with law but if those allegations are false, respondent no.2 also must face consequences in accordance with law through the strong arm of State. For, such allegations if false have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims.
It is worth noting that the Bench most forthrightly notes in para 5 stating that:
In the proceedings of the present kind, truthfulness or falsity of such allegations cannot be ascertained. That has to be done only through full dress trial. Therefore, I do not find it a fit case to invoke inherent powers in order to quash the impugned FIR and the consequent proceedings.
Finally, we see that the Bench then very rightly draws the curtains of this robust judgment and concludes aptly by directing and holding in para 6 that, The petition is dismissed.
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
