Chandigarh, September 29

Apparent attempts by the bride’s side to implicate the groom’s kith and kin after things go wrong between the couple have not escaped the Punjab and Haryana High Court’s notice.

Taking note of the disturbing trend involving misuse of the process of law, Justice Harbans Lal observed it has been authoritatively pronounced that it is a general tendency on the part of the girls to involve all family members and near relations whenever there arises any difference between the couple and thus, the provisions of Section 406 and 498-A of the IPC are being misused flagrantly.

The assertion, bringing out the sorry state of affairs, came on a petition filed by Krishna Wanti and five others through counsel RS Bajaj. The petitioners had challenged the order passed by the Trial Court, summoning them under Section 319 of the CrPC.

Bajaj said initially the FIR in the matter was registered against the boy, his family and near relations. On investigation, the allegations were found to be false. Accordingly, the police filed the challan only against husband Ashok Kumar. Subsequently, however, on an application filed by the complainant, the groom’s old mother and his married sister-in-laws, maternal uncle and paternal uncle were also summoned.

Referring to the provisions of law, Bajaj argued before summoning anyone as an accused under Section 319 of the CrPC, it was essential for the court to be satisfied that the evidence adduced on behalf of the prosecution, if un-rebutted, would lead to conviction of the persons sought to be added as accused in the case.

In the present case, the “satisfaction” was totally missing. The court also did not to take into consideration the fact that it was general tendency on the part of the bride to involve the family and the near relations.

As such, the provisions of Section 406 and 498-A of the IPC dealing with subjecting a married woman to cruelty and criminal breach of trust were being blatantly misused. The present case was a classic example. After hearing the arguments, Justice Lal directed the setting aside of the order passed by the trial court, summoning six relations of the groom.