Mumbai: The Aurangabad bench of the Bombay High Court recently came down heavily on Maharashtra police for their “casual” and “prejudicial” approach in investigating a case under Section 498-A of the Indian Penal Code, warning that such apathy could endanger genuine victims of cruelty.
Court Quashes FIR Filed by Wife; Cites Misuse and Flawed Probe
A bench of Justices Vibha Kankanwadi and Sanjay Deshmukh was hearing a petition filed by a man and his five family members seeking to quash an FIR registered against them by his wife. The court found glaring lapses in the probe and observed that the investigating officer had failed to carry out a fair and proper inquiry.
Wife Alleged Dowry Harassment, Assault Within Two Months of Marriage
The woman lodged a complaint in Nanded, alleging that she was harassed and assaulted for dowry within two months of her marriage on January 28, 2024. She claimed her husband and in-laws demanded Rs20 lakh and forced her out of the matrimonial home on March 28.
An FIR was registered at Vimantal Police Station under IPC for cruelty, causing hurt, insult, and criminal intimidation. However, the court found several inconsistencies in her allegations and criticised the police for blindly relying on her version.
Court Flags Investigation Lapses: No Witnesses, Wrong Location for Spot Panchnama
The bench noted that instead of conducting an investigation at the actual locations of alleged cruelty, Kharghar in Navi Mumbai and Manmad in Nashik, the officer drew a spot panchnama at the woman’s father’s house in Nanded, which had no connection to the incident. No statements were recorded from independent witnesses or neighbours.
“This shows that nowadays even the police are not taking proper precautions and making appropriate investigation when it comes to offence under Section 498-A. This offence is now taken in a casual manner… This attitude is dangerous because genuine cases would suffer due to such apathy,” the court remarked.
The bench also pointed out that the woman had concealed her occupation as a doctor employed with a Pune-based health insurer, and had misrepresented facts in her complaint. “She is silent about her own occupation… even though she has been addressed as ‘Dr.’ in official records,” the court noted.
FIR Quashed for All Six Accused
Calling it a “classic example of misuse of Section 498-A”, the court said the investigation lacked objectivity and continuing the criminal proceedings would amount to abuse of process. It accordingly quashed the FIR against all six accused.
