Gujarat HC Acknowledges Misuse Of Section 498A Of The IPC To Harass Family Members While Dismissing FIR Against An 86 Year Old Woman

Recently, the Gujarat High Court dismissed a First Information Report (FIR) filed against an 86-year-old woman on charges of cruelty under Section 498A of the Indian Penal Code (IPC). Justice Sandeep N Bhatt acknowledged the widespread misuse of this provision to harass family members. Considering the age and potential hardship faced by the elderly woman, the Court concluded that allowing the proceedings to continue would not serve any meaningful purpose.

The single-judge emphasized the responsibility of the courts to prevent criminal prosecution from being exploited as a means of harassment, personal vendetta, or to exert pressure on the accused or settle personal disputes. Consequently, the Court decided to quash the FIR in question.

In 2016, an FIR was lodged against an elderly woman and her son based on a complaint by her son's wife. The complaint alleged dowry demands and harassment by the woman and her son. The situation further deteriorated due to accusations of the son's involvement in an extramarital affair, leading to the complainant's decision to separate from her in-laws.

The complainant-wife claimed that her husband physically abused her when she confronted about the alleged affair. Later, she filed an FIR against her husband, and her in-laws.

In 2017, the applicants approached the court seeking to have the FIR dismissed. During the proceedings in the High Court, the counsel representing the elderly woman argued that the FIR lacked substantial allegations directly implicating her client and that most of the allegations were aimed at other individuals. Furthermore, considering the applicant's age at the time of filing the application, it was asserted that she would face undue harassment if the criminal proceedings were to continue.

The Bench noted that the complainant's mother-in-law, who was the applicant in this case, had been erroneously accused. Moreover, the allegations made against her were lacking specific details or evidence.