It is definitely a matter of grave concern that the Nagpur Bench of the Bombay High Court in a most robust, remarkable, rational and recent judgment titled SDA vs State of Maharashtra in Criminal Application (APL) No. 1565 of 2023 and cited in Neutral Citation No.: 2025:BHC-NAG:5298-DB that was pronounced as recently as on June 9, 2025 has flagged a most worrying pattern in cases of matrimonial disputes which encompasses wives filing police complaints against all members of the husband’s family by most conveniently misusing Section 498A of the IPC as a most potent tool for settling personal scores and troubling husband and his family.
We need to note here that the Nagpur Bench made these serious remarks while partially allowing a plea to quash a criminal case involving allegations of domestic cruelty and dowry harassment. We also need to take into account that consequently, the Nagpur Bench quashed the proceedings against the husband’s relatives, concluding that there was no prima facie case against them.
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice Pravin S Patil for a Division Bench of the Nagpur Bench of the Bombay High Court comprising of Hon’ble Mr Justice Anil S Kilor and himself sets the ball in motion by first and foremost putting forth in para 1 that, “Rule. Rule is made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken for final disposal.”
As we see, the Division Bench then specifies in para 2 that:
By this application filed under Section 482 of Code of Criminal Procedure, the applicant is seeking quashment of Regular Criminal Case No. 330 of 2023 pending before the Judicial Magistrate First Class, Court No.1, Washim arising out of Crime No. 0251 of 2023 and charge-sheet No. 74 of 2023 for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act.”
To put things in perspective, the Division Bench envisages in para 3 while elaborating on the facts of the case stating that:
The case of the prosecution in short is that non-applicant no.2 by her police report dated 30th August, 2023 alleged that after her marriage on 2nd June, 2014 with applicant no.1, she was subjected to mental and physical cruelty at the instance of applicants. She has alleged that she was insulted by saying that she is a daughter of beggar and no one likes her and further gave ill-treatment for giving less dowry in the marriage. As such on the basis of this allegation, the offence came to be registered against the applicants as stated above.”
As it turned out, the Division Bench enunciates in para 4 disclosing that, “Applicants challenges the registration of offence against them on the ground that there is a matrimonial discord between Applicant No.1 and Non-applicant No.2. The divorce petition is already pending before the Civil Judge, Senior Division, Mehkar, District Buldhana. In the year 2022, Non-applicant No.2 without intimation left the house. However, Applicants by taking efforts with the help of police machinery search her out. Hence all allegation levelled against them are false. The Police complaint lodged against them is only with an intention to settled her personal score. Hence they prayed to quash and set aside the criminal proceeding registered against them.”
As things stands, the Division Bench points out in para 5 that:
Learned APP strongly opposed the Application. According to him, during the course of investigation statements are recorded. As per investigation, all the Applicants found to be involved in the alleged offence, therefore it is not a fit case for indulgence at this stage of the matter.”
Adding more to it, the Division Bench then further mentions in para 6 stating that:
Non-applicant No.2 supported the submission made by learned APP and stated that statement recorded during the course of investigation and documents available on record establish the fact of active participation of applicants in the alleged offence. Hence, she prayed to reject the application.”
Needless to say, the Division Bench then goes on to observe in para 7 mentioning that:
We have heard the submission of rival parties and perused the entire record. It is clear from record that Applicant No.1 on 29.06.2022 filed a divorce proceeding against Non-applicant No.2 bearing HMP No.125/2022, pending on the file of learned Civil Judge, Senior Division, Mehkar, District Buldhana. He has raised serious allegations against the Non-applicant No.2. Furthermore, it is clear that on 13.06.2022, Applicant No.1 lodged missing complaint of Non-applicant No.2 at Police Station Sakharkheda, District Buldhana. Therefore, it is clear that there is a dispute since 29th June, 2022 between Applicant No.1 and Non-applicant No.2.
Furthermore in the entire FIR and her statement, her main grievance is against the husband. She has specifically stated that her husband was doubting her character and out of that she was mercilessly beaten by him. It is evident from record that due to matrimonial discord, proceeding of divorce is pending. This fact suggest that there was a serious dispute between husband and wife. Hence, there is a reason to believe the allegations of Non-Applicant no.2 against her husband. At this stage, same cannot be denied.”
Quite significantly, it would be instructive to note that the Division Bench then hastens to add in para 8 noting that:
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.”
Most significantly and so also most forthrightly, the Division Bench encapsulates in para 9 what constitutes the cornerstone of this notable judgment postulating precisely that:
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.”
It is worth noting that the Division Bench notes in para 10 that:
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.”
Finally, the Division Bench then concludes by directing and holding in para 11 that:
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. Hence, we proceed to pass the following order.
ORDER
- Criminal application is partly allowed.
- Criminal application is hereby rejected in respect of Applicant No.1.
- Regular Criminal Case No. 330 of 2023 pending before the Judicial Magistrate First Class, Court No.1, Washim arising out of Crime No. 0251 of 2023 and charge-sheet No. 74 of 2023 for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act is hereby quashed and set aside against the applicant no.2 Devidas S/o Shankar Aware, applicant no.3 Kamlabai W/o Devidas Aware, applicant no.4 Ranjana W/o Devidas Aware, applicant no. 5 Satish S/o Devidas Aware, applicant no. 6 Babita W/o Shantiram Thorat, applicant no. 7 Shantiram S/o Waman Thorat and applicant no. 8 Sandhya W/o Ashok Kamble.
Rule is made absolute in aforesaid terms. No order as to costs.
It is definitely high time now and to say the very 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 in this regard 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 step forward and 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?
The billion dollar question here is: Why should she be ever allowed to comfortably sleep in open and not suffer at all herself even after making the life of men a complete hell by sending him unfairly to jail on frivolous charges not sparing even his parents and relatives without even a speck of truth in those allegations? It definitely merits prompt redressal now as it brooks no more delay any longer now! No denying or disputing it!
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!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh
