SC quashes dowry harassment case filed by woman, says she wanted to 'wreak vengeance'
New Delhi(PTI): The Supreme Court has quashed a dowry harassment case filed by a woman against her in-laws, saying she "clearly wanted to wreak vengeance" and allowing criminal proceedings to continue would result in patent injustice.
A three-judge bench of justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti said given the totality of facts and circumstances, it was of the considered opinion that the woman's allegations against her in-laws are wholly insufficient and, prima facie, do not make out a case against them.
"She clearly wanted to wreak vengeance against her in-laws... The allegations are so far-fetched and improbable that no prudent person can conclude that there are sufficient grounds to proceed against them ... Permitting the criminal process to go on against the appellants in such a situation would, therefore, result in clear and patent injustice," the apex court said.
The top court's judgment came on a plea against an order of the Madhya Pradesh High Court which refused to quash the proceedings against the woman's former brothers-in-law and mother-in-law.
The woman, a teacher by profession, had married in the year 2007. The husband, however, secured a decree of divorce dissolving their marriage. Prior to the filing of the divorce petition by the husband, the woman made a written complaint to the police, levelling several allegations against her husband and in-laws.
In response to the complaint, police filed an FIR against them under Indian Penal Code section 498A (husband or relative of husband of a woman subjecting her to cruelty) and sections 3 and 4 of the Dowry Prohibition Act, 1961.
The top court said the allegations levelled by the woman are mostly general and omnibus in nature, without any specific details as to how and when her brothers-in-law and mother-in-law, who lived in different cities altogether, subjected her to harassment for dowry.
It said most damaging to the woman's case is the fact that she did nothing whatsoever after leaving her matrimonial home in February 2009, and filed a complaint in the year 2013 alleging dowry harassment, just before her husband instituted divorce proceedings.
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SC asks Centre to consider amending law on terminating pregnancy of rape survivors
New Delhi (PTI): The Supreme Court on Thursday took strong exception to a plea by AIIMS seeking to set aside its order allowing a 15-year-old girl to medically terminate her 30-week pregnancy, and asked the Centre to consider amending the law to permit rape survivors to terminate unwanted pregnancies even beyond 20 weeks.
The top court said when there is pregnancy due to rape, there should not be a time limit.
Law needs to be organic and in sync with evolving time, it stressed.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said this is a case of child rape and the survivor will have a lifelong scar and trauma if termination is not allowed.
The top court said if the mother does not have permanent disability then it should be carried out.
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It asked AIIMS to counsel parents of the survivor over the issue and said the decision has to be of the person concerned.
"There are children for adoption. In this country we have lot of sympathies...There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15-year-old child.
"This is a curative petition. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this," the bench said.
Additional Solicitor General Aishwarya Bhati, appearing for AIIMS, mentioned the curative plea, and said the termination of pregnancy is not possible.
"It will be a live baby with severe deformities. Minor mother will have lifelong health issues and cannot reproduce. Minor mother will have lifelong health issues. This child can be given for adoption. It has been 30 weeks now. It is a viable life now," she said.
The top court said the decision on termination has to choice of the survivor and her parents and AIIMS may help them take an informed decision.
On April 24, a bench of Justices B V Nagarathna and Ujjal Bhuyan had allowed the girl to medically terminate her pregnancy of 30 weeks.
