HC refuses to quash case against man booked for Sexual Assault of Daughter-in-law

 

The Uttarakhand High Court in the Criminal Writ Petition comprising of Justice S.K. Mishra while hearing writ Petition for the issuance of certiorari for quashing of the FIR registered under Section 3 / 4 of the Dowry Prohibition Act and under Section 354, 498A, 504 and 506 of the Indian Penal Code. This Court in its opinion stated that the human depravity has no limits. The Court has seen many such incidents where elderly man has sexually assaulted their own relations. Only because petitioner happens to be father-in-law of the complainant, the FIR cannot be quashed.

Petitioner contends before the Hon’ble Court that the,

1. FIR only states allegations against the petitioners and allegations are not true.
2. In a writ petition, for quashing of FIR, the Court is not required to adjudicate on the veracity of the contents of the FIR.
3. Court has to see whether a, prima facie, case is made out against the petitioner or not.
4. Allegation against petitioner no. 3 is regarding outraging the modesty of the complainant, who happens to be his own daughter-in-law.

COURT OBSERVATION

The Court in its opinion stated that the that human depravity has no limits. The Court has seen many such incidents where elderly man has sexually assaulted their own relations. Only because petitioner happens to be father-in-law of the complainant, the FIR cannot be quashed. Moreover, this Court is of the further opinion that a , prima facie, case of demand of dowry, criminal intimidation and outrage modesty has been made out. Hence, there is no need even to issue notice in this case.

In that view of the matter, the writ petition is dismissed being devoid of merits.

 Read Judgment; 

 

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(With input from news agency language)

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