'FIR Lodged With Sadistic Intent': Punjab & Haryana High Court Imposes 1 Lakh Cost On Woman For Filing Cruelty Case Against 100% Disabled In-Laws

Expressing "shock at the utter callousness of the complainant", the Punjab & Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a woman for lodging a complaint of physical cruelty against 100% disabled mother-in-law and father-in-law.The Court noted that the woman alleged that her in-laws who were found to be completely disabled, ran after her and hit her with a stick. While quashing the cruelty FIR, Justice Nidhi Gupta said, "the sanctity of law, its legal processes, and its provisions which are enacted to mitigate suffering cannot be allowed to be blatantly misused as tools for setting personal scores. In the present case, the impugned FIR...is a gross abuse of the due process of law. As such, as a reformative, punitive and deterrent measure respondent No. 2-complaint is directed to deposit exemplary costs of Rs.1,00,000/- (Rs. 1 lac only)...""The petitioners (mother-in-law and father-in-law of the complainant) being 100% disabled, even unable to walk, and as such, for them to accomplish their day-to-day functions would cause them extreme hardship what to talk of abusing the complainant. I have no hesitation in stating that in the present case, the opposite is true in as much as evidently it is the complainant who has inflicted torture and abuse upon the petitioners as demonstrated from the discussion here in above," the Court further observed.The plea for quashing was filed by an elderly couple, who were accused of inflicting physical cruelty on their daughter-in-law. A complaint was filed against them by the woman under Sections 498-A IPC. It was submitted that as per the medical records, both the petitioners are 100% disabled and could not even walk.As per the FIR, the woman alleged that the disabled petitioners had beaten and physically abused her. After hearing the submissions, the Court noted that "the present FIR to be a gross misuse and abuse of the due process of law.""The utter falsehood of the allegations made in the FIR are borne out from the fact that both the petitioners are admittedly, 100% permanently disabled persons. Both the petitioners cannot walk. Let alone run. Petitioner no.1/father-in-law is on crutches, and petitioner no.2/mother-in-law is bound to a wheelchair. In such a situation, the conscience of this Court is shocked at the utter callousness of the complainant," said the Court. Perusing medical certificate of the complainant's father-in-law, the Court noted that, he "can walk only with the aid of crutches. As such, there is no question of the petitioner no.1 (father-in-law) running to beat the complainant; or even hitting her with a stick as to do so, would obviously imbalance the petitioner no.1 causing him to fall."Taking note of the medical certificate of the complainant's mother-in-law, the Court said, she "is bound to a wheelchair and her lower limbs are completely non-functional. In such a situation, the allegation of the complainant that petitioner No. 2 'dragged her to the courtyard by holding her hair and slapped' is shocking and on the face of it blatantly untrue."The Court further observed that the complainant herself has admitted in a statement given to police that her parents-in-law are suffering from paralysis and "cannot even step out of the house.""In such a situation, for the complainant to make such patently false allegations against the petitioners is inhuman and unpardonable," remarked the Court.Justice Gupta further highlighted that the assertion of the complainant that she and her husband were 'turned out' of the matrimonial home is "utterly untruthful as, needless to say, the invalid parents would want their son to reside with them and look after them.""Be that as it may, the fact remains that the complainant was no longer residing in the matrimonial home after 20.8.2016. However, the present FIR came to be registered almost 01 year thereafter, on 08.05.2017. What woke the complainant from her slumber is not discernible from the record. Clearly, the present FIR was registered only with the malicious and sadistic intent to wreak vengeance and torture upon the petitioners," the Court said.Reliance was placed on the Supreme Court's decision in Krishna Lal Chawla & Ors. Vs. State of UP &Anr.” to underscore that there are inherent powers to prevent the abuse of process so that the Courts shall not suffer a litigant utilizing the institution of justice for unjust means.In light of the above, the Court quashed the FIR and imposed an exemplary cost of Rs.1 lakh on the complainant, directing her to deposit exemplary costs of Rs.1 lakh, before the trial Court, within a period of 04 months, which shall be disbursed to the petitioners in equal shares i.e. Rs.50,000.In case, the complainant fails to comply with the aforesaid direction within the stipulated time period, the trial Court shall initiate appropriate proceedings against her in order to recover the aforesaid costs from her, in accordance with law, the judge added.Mr.D.K.Tuteja, Advocate for...

'FIR Lodged With Sadistic Intent': Punjab & Haryana High Court Imposes 1 Lakh Cost On Woman For Filing Cruelty Case Against 100% Disabled In-Laws

Aiman J. Chishti

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