 Early Times Report
Jammu, Oct 14: The High Court of Jammu & Kashmir and Ladakh at Jammu has quashed a 16-year-old dowry harassment and cruelty complaint against Asha Rani and others, observing that the allegations were “omnibus” in nature and continuation of proceedings would amount to a miscarriage of justice.
Justice Rajesh Sekhri, while pronouncing judgment, held that the private complaint filed in 2009 under Sections 498-A, 494, 497, 504, and 109 RPC was based on generalized accusations without specific details of any offence. The trial court had earlier taken cognizance on the basis of a routine police inquiry report.
The Court noted that the complainant had implicated her husband, his 90-year-old mother, and extended family members without indicating their active involvement. Even after the husband’s demise during the pendency of the case, the complainant chose to continue prosecution.
Citing Supreme Court precedents including Arnesh Kumar v. State of Bihar (2014) and Dara Lakshmi Narayana (2024), the High Court emphasized that anti-dowry laws, while meant to protect genuine victims, were increasingly being misused as instruments of harassment. “The omnibus allegations in the complaint do not disclose the commission of any offence against the petitioners,” Justice Sekhri held.
Accordingly, the High Court allowed the petition filed by the accused under Section 561-A CrPC and quashed the proceedings pending before the Chief Judicial Magistrate, Rajouri. (JNF) |
