Harassment charges by man against his own family not cruelty under IPC section 498A: Bombay HC
Mumbai, Jul 22: Allegations of ill-treatment by a man against his own family members do not fall under the ambit of cruelty against a woman in her matrimonial home, the Bombay High Court has said.
The HC made the observation in an order dated July 18, a copy of which was made available on Monday, while quashing a March 2013 FIR (first information report) lodged by a woman against her parents-in-law, brother and sisters-in-law -- residents of Mumbai -- alleging cruelty and harassment.
A division bench, in the order, noted that peculiarly the woman did not make any allegations against her husband, and described the entire case as nothing but a "complete abuse of the process of law" and the Indian Penal Code (IPC) section related to cruelty to women in matrimonial home.
The bench of Justices A S Gadkari and Neela Gokhale maintained the FIR was a "proxy litigation" lodged by the man through his wife against his own family members to settle a property dispute.
The court noted this was a "peculiar case" where the woman has alleged her in-laws of committing an offence under section 498A of the IPC without a single allegation against her husband.
Section 498A pertains to harassment of a woman by her husband or any relative of the husband.
The court, in its order, said the allegations of harassment and cruelty made by the woman against the petitioners are "quite general and vague".
"Undoubtedly, she (complainant woman) has given a list of incidents of cruelty in the FIR. However, the instances are also of a nature that do not fulfil the ingredients of section 498(A) of the IPC," the HC observed.
Some of the alleged ill-treatment is aimed against the husband and not even the complainant herself, the bench pointed out.
"Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of section 498(A) of the IPC," the court clarified.
The woman, in her complaint, had alleged her in-laws used to pick fights with her husband on petty issues to drive him and her out of the house.
She further claimed her in-laws did not allow her to use their kitchen appliances, barred her from accessing their residence's terrace and garden, and would ask the domestic help not to do her household work.
The court said the present case was a "complete abuse of the process of law."
"The FIR is nothing but a shot fired by the man from his wife's shoulder to espouse his own cause of his interest in his father's property. We, thus, have no hesitation in holding that the FIR is filed with an ulterior motive for wreaking personal vengeance on the petitioners," it maintained.
The judges were critical of the gross abuse of IPC section 498A.
"The police machinery has been used for realizing private interest of the complainant and her husband. The present case is a classic example of gross abuse of section 498(A) of the IPC," the bench noted.
"Surprisingly, these allegations against the petitioners (in-laws) are made by the complainant-wife at the behest of her own husband. Although Section 498A envisages cruelty inflicted upon a woman by a relative of the husband, it is rare to see such allegations aimed at the relatives dehors (without) any accusation against the husband," the court observed.
The petitioners' advocate had claimed the FIR was an outcome of a property dispute among the family members.
The court pointed out that the history of civil litigation between the couple and the man's family demonstrates his personal interest in settling scores in respect of a property.
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Unemployment is biggest problem faced by youth, it is directly linked to 'vote chori': Rahul Gandhi
New Delhi (PTI): Congress leader Rahul Gandhi on Tuesday claimed that as long as elections are "stolen", unemployment and corruption will continue to rise, and asserted that young people will no longer tolerate "job theft" and "vote theft".
In a post on X in Hindi, the Leader of Opposition in the Lok Sabha said unemployment is the biggest problem facing youth in India and it is directly linked to "vote chori".
When a government wins public trust and comes to power, its first duty is to provide employment and opportunities to the youth, he said.
"But the BJP doesn't win elections honestly -- they stay in power by stealing votes and controlling institutions," Gandhi alleged.
That's why unemployment has reached a 45-year high, he said.
"That's why jobs are declining, recruitment processes have collapsed, and the future of youth is being jeopardised. That's why every exam paper leak and every recruitment is linked to stories of corruption," Gandhi said.
भारत में युवाओं की सबसे बड़ी समस्या बेरोज़गारी है - और इसका सीधा रिश्ता वोट चोरी से है।
— Rahul Gandhi (@RahulGandhi) September 23, 2025
जब कोई सरकार जनता का विश्वास जीतकर सत्ता में आती है, तो उसका पहला कर्तव्य होता है युवाओं को रोज़गार और अवसर देना।
लेकिन BJP चुनाव ईमानदारी से नहीं जीतती - वो वोट चोरी और संस्थाओं को कैद कर… pic.twitter.com/DlDmdYOl5i
"The country's youth work hard, dream, and fight for their future. But (Prime Minister Narendra) Modi is solely focused on his PR, getting celebrities to sing praises for him, and billionaire profits. It has become the government's identity to shatter the hopes of the youth and leave them frustrated," the former Congress chief said.
"Now, the situation is changing. India's youth understand that the real fight isn't just for jobs, but against vote theft. Because as long as elections are stolen, unemployment and corruption will continue to rise," he said.
Young people will no longer tolerate "job theft" or "vote theft", Gandhi asserted.
"The ultimate patriotism now lies in freeing India from unemployment and vote theft," he said.
Gandhi also shared a split screen video montage of police lathi-charging protesting students seeking jobs on one half of the screen and Prime Minister Modi planting saplings, feeding peacocks and practising Yoga on the other half of the screen.
