S.498A IPC | False Allegations Create Cynicism, Give Rise To Suspicion Against Genuine Victims: Delhi High Court

While dealing with a case concerning Section 498A of Indian Penal Code, 1860, the Delhi High Court has said that false allegations in such cases have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims.Justice Girish Kathpalia was dealing with a plea filed by a husband and his family members seeking quashing of an FIR filed against them by the wife. The FIR was registered last year for the offences under Sections 498A (cruelty), 406 (criminal breach of trust) and 34 (common intention) of IPC. The quashing was sought on the ground that both parties had compromised the disputes. The petitioners as well as the wife personally appeared in the court. Dismissing the petition, the Court noted that on the face of it, the case appeared to be an innocuous petition to seek quashing of FIR related to matrimonial disputes but a reading of the FIR showed that it was not so.It noted further that the FIR alleged that the petitioners, without wife's knowledge, clicked her pictures and videos and threatened to circulate the same unless she would agree for oral and anal sex, so she succumbed to the pressures. It noted that it was alleged that the husband threatened the wife that he would upload all those videos and photographs on social media. The Court also noted that the wife alleged that her father-in-law and both brothers-in-law molested her as and when they got a chance.During the course of hearing, the wife told Court that all the allegations mentioned in the FIR were truthful.On this, the Court observed that the truthfulness or falsity of the allegations would be tested through trial and if the allegations were truthful, the petitioners deserve punishment in accordance with law. However, the Court said, that if the allegations were false, the wife must face consequences in accordance with law through the strong arm of State.“For, such allegations if false have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims. In the proceedings of the present kind, truthfulness or falsity of such allegations cannot be ascertained. That has to be done only through full dress trial,” the Court said. Title: NITIN KUMAR AND ORS v. STATE (NCT OF DELHI) AND ANRCitation: 2025 LiveLaw (Del) 607Click here to read order

S.498A IPC | False Allegations Create Cynicism, Give Rise To Suspicion Against Genuine Victims: Delhi High Court

Nupur Thapliyal

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