'Absurd & Malicious': J&K&L High Court Quashes Allegations Of Assault, Outraging Modesty By Woman Against 85-Yr-Old Father-In-Law

The Jammu & Kashmir and Ladakh High Court has quashed an FIR lodged by a daughter-in-law against her 85-year-old father-in-law and two brothers-in-law, holding that the allegations were “absurd, inherently improbable and actuated with malice” and that a civil property dispute had been given a “criminal texture” to wreak vengeance.

A bench of Justice Rajesh Sekhri observed “Allegations of the private respondent/complainant that his 85 years old father-in-law alongwith his sons… assaulted her, torned her clothes, outraged her modesty and stole away gold and cash from her house in the broad day light… are not only absurd and inherently improbable, but it is manifest that these allegations are attended with malice and instituted to wreak vengeance.”

Court's Reasoning

The Court noted that the complainant's husband, eldest son of petitioner No.1, had been disinherited through deeds executed in September 2018, which had subsequently become the subject of a civil suit. Against this backdrop, the allegations of theft, assault, and outraging of modesty appeared to be a fallout of the property dispute.

The Court also highlighted the danger of cleverly drafted complaints designed to create the illusion of a cognizable offence “A civil dispute may be camouflaged and given a criminal texture with a veiled object of persecution rather than prosecution of an accused… In such circumstances, it is the duty of the court to prevent the proliferation of baseless litigation at the earliest available opportunity.”

Finding the FIR to be actuated with “malice in fact and law,” the Court quashed the proceedings, holding that the case was an “unfortunate family feud” that did not warrant criminal prosecution.

The petitioners invoked the inherent powers of the Court under Section 482 Cr.P.C. contending that the dispute was purely civil in nature and had been maliciously converted into a criminal case.It was argued that petitioner No. 1, being 85 years of age, could not have assaulted or outraged the modesty of his daughter-in-law in the manner alleged.

Petitioner No. 2 was serving in the CRPF and posted in Jharkhand, while petitioner No. 3 was settled in Manali with his in-laws, making their physical presence at the scene improbable.

The petitioners also submitted that the FIR was motivated by a family property dispute wherein the complainant's husband had allegedly misled petitioner No. 1 into executing documents, including a will deed and power of attorney, in his favour, which were later cancelled when the fraud came to light.

The Court noted that the accusations of breaking into the house, tearing clothes, outraging modesty, and stealing gold and cash in broad daylight by an octogenarian and his sons were not only implausible but also vindictive.

Background

On 06.09.2022, the complainant lodged a report at Police Post Lamberi alleging that during the intervening night of 4/5 September, 2022, she and her husband had locked their house and gone to her maternal home. On returning the next morning, she allegedly found the petitioners had broken the lock. When she confronted them, they allegedly assaulted her, tore her clothes, outraged her modesty, and stole gold and cash before fleeing. On this basis, FIR No. 0208/2022 was registered under Sections 457, 382, 354, 427, 323 and 506 IPC.

The petitioners explained the underlying dispute arose out of property litigation. They stated that in 2018, petitioner No. 1 was allegedly deceived by his son (the complainant's husband) into executing a will deed and general power of attorney in his favour. On realizing the misrepresentation, both deeds were cancelled on 06.09.2018 before the Sub Judge, Nowshera. This dispute later triggered the filing of the impugned FIR.

Case Title: Nanak Chand and Ors. v. UT of J&K & Anr.

Petitioners: Nanak Chand and others, through Mr. Rohan Nanda, Advocate

Respondents: UT of J&K and another, through Mr. Bhanu Jasrotia, GA for R-1

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