Criminal Complaints Filed In Heat Of Moment Over Trivial Matrimonial Issues Undermine Institution Of Marriage: Allahabad High Court

A bench of Justice Vikram D. Chauhan added that when such a complaint is filed, the parties do not properly visualise the implications and consequences, which can lead to insurmountable harassment, agony, and pain not just for the complainant, accused, and their close relatives but also for the marriage as an institution.

The single judge observed thus while dealing with a plea filed by the husband and his relatives facing cases lodged by the wife alleging demand of dowry by them.

The complaints also alleged that the wife was subjected to cruelty and assault in connection with the demand for dowry. Offences alleged included Sections 498-A, 323, 504, 506 and 406 IPC, Section 3, 4 Dowry Prohibition Act, 1961, and Sections 3 and 4 Muslim Women (Protection of Rights on Marriage) Act, 2019.

Though the accused persons moved the Court challenging the entire proceedings of cases pending against them, they confined their prayer to permitting them to appear before the court concerned through counsel in terms of Section 205 of the Code of Criminal Procedure.

They also undertook to ensure the presence of their Counsel/Pleader before the court concerned on each date fixed and that they will not seek any unnecessary adjournment and will participate in the trial court proceedings.

At the outset, the Court noted that the AGA had not placed any injury report before this court. In fact, the state did not admit to the applicants' previous criminal history, nor did it argue that the applicants could tamper with the evidence.

Further, stressing the importance of marriage, the Court observed that a marital relationship also recognises the moral, social, and legal obligations of married couples, who also happen to be the heirs of the social order and principles of engagement with each other and society.

However, the single judge noted that sometimes individuals enter into disharmony, which results in friction in a matrimonial relationship, and the parties levy criminal charges against each other to escalate the matrimonial dispute.

The Court pointed out that sometimes, scaling up the dispute between parties is at the behest of family members and close ones, which could lead to insurmountable harassment, agony, and pain for the complainant and accused.

Regarding the petitioners' prayer, the Court referred to the Supreme Court's recent ruling in Sharif Ahmed and others vs State of Uttar Pradesh 2024 LiveLaw (SC) 337, wherein it was held that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court.

Thus, considering the nature of the controversy, the bench directed that in case an application u/s 205 is filed by the applicants, the court concerned shall dispense with the personal attendance of the applicants and permit them to appear through a pleader/counsel, subject to the conditions enumerated in the order.

Case title - Shariq Mian And 3 Others vs. State of U.P. and Another 2025 LiveLaw (AB) 283

Case citation: 2025 LiveLaw (AB) 283