Rajasthan High Court Quashes Case U/S 498A IPC Against Sister-In-Law, Says Relatives Often Implicated In 'Heat Of Moment'
While quashing cognizance under Section 498A, IPC, against the married sister-in-law of the deceased, Rajasthan High Court observed that it was common that most of the matrimonial complaints were filed in the heat of the moment, wherein the relatives of far-relation were also implicated as accused. Justice Anoop Kumar Dhand held that ordinarily, in matrimonial disputes, the women was subjected...
While quashing cognizance under Section 498A, IPC, against the married sister-in-law of the deceased, Rajasthan High Court observed that it was common that most of the matrimonial complaints were filed in the heat of the moment, wherein the relatives of far-relation were also implicated as accused.
Justice Anoop Kumar Dhand held that ordinarily, in matrimonial disputes, the women was subjected to physical violence only by her husband or parents-in-law and married sister-in-law was unlikely to join her brother in demanding dowry from his wife.
The Court was hearing a petition challenging the order by the magistrate that took cognizance against the petitioners under Section 498A.
It was argued that no role and involvement of other family members were found which was also reflected by the negative report filed by the police. It was submitted that the deceased was not able to adjust in the house owing to her modern outlook, and when the husband's family explored the possibility of divorce, she committed suicide in anger.
It was further contended that no offence was made out against them even from the content of the suicide letter, or statements in the complaint filed by the respondents. In relation to the deceased's sister-in-law who was one of the petitioners, it was argued that she got married 12 years earlier than the deceased's marriage, and was residing at her matrimonial home.
After hearing the contentions, the Court held that the correctness of the allegations could not be examined by the Court at the stage of taking cognizance, while exercising inherent jurisdiction. It was held that at this stage, only prima facie case was required to be seen and there was sufficient prima facie material on record to proceed against the petitioner.
At the same time, in relation to the sister-in-law, the Court observed that it was unlikely of her to demand dowry from the deceased or her parents.
“She had nothing to gain from the case or articles of dowry or the articles alleged to have been given by the parents of the deceased to her husband or her in-laws. Therefore, there would be no good reasons for her to intervene in a matter of dowry and harm and harass her sister-in law (the deceased).”
It was stated that matrimonial litigations were rapidly increased in India, and most of these were filed in the heat of the moment.
In this background, while partially upholding the order of the lower court, the Court set aside the cognizance taken against the deceased's sister-in-law.
Accordingly, the petition was disposed of.
Title: PD Gurjar & Ors. v State of Rajasthan & Anr.
Citation: 2026 LiveLaw (Raj) 155