‘Misuse of the process’: Why was the woman’s petition filed against husband and souls dismissed?

Supreme Court on Dowry Case: The Supreme Court on Thursday dismissed a woman’s plea, challenging the order to cancel criminal action against her separated husband and in -laws. A bench of Justice Sudhanshu Dhulia and Vinod Chandran of Justice found the case that there was incompatibility in the statements of the woman and there were no specific allegations of physical violence. The court commented that the woman’s complaint and the statements made before the magistrate lacking clarity, which was considered to be the misuse of the judicial process. The woman was married in the family of a former Governor of Bihar, and she accused her husband and in -laws of cruelty. However, the Supreme Court said that it is not appropriate to pursue criminal proceedings based on unclear and general allegations. The court emphasized that such petitions misuse the legal process, especially when there is a lack of concrete evidence. It is clear from this decision that the Supreme Court takes a strict stand on false or vague allegations. The Allahabad High Court had canceled the criminal proceedings, the Supreme Court did not find any evidence to confirm the allegations of the woman. The Supreme Court said, “The petitioner had taken the opposite stance and the complaint and statement given before the magistrate has discrepancies, which motivates us to conclude that the proceedings are a clear abuse of the court process, as the High Court has accepted.” Allahabad High Court canceled the criminal proceedings, because the husband and his parents were lodged against the subordinate court. The case of a woman registered under Section-3 and Char of 1961 was registered under Section 498A (domestic violence) of the Indian Penal Code (IPC), 325 (deliberately seriously hurt) and 506 (criminal intimidation) and Dowry Prohibition Act, 1961 of 1961. The woman was married on 11 December 2019. Also read – Pakistan’s drone attack attempt failed! Alert from Siren, UP, Delhi, Punjab to Rajasthan

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