A division bench of Justices V M Kanade and P D Kode recently dismissed an Ahmedabad-based man's plea, made along with his parents and married sister based in Dubai, to quash the first information report filed by his wife in Thane for dowry offences, including under Section 498A (husband or his relative subjecting the wife to cruelty).
The man's lawyer had claimed that documentary evidence in the form of emails sent by the woman to her parents shortly after her marriage shows she was happy and thus falsify allegations in the FIR, which had been filed in Thane to harass the family as they would have to attend cases there. He added that emails and other documents sent by his client before the marriage establish that he or his family never sought any financial assistance or dowry.
The judges said at this stage it is not possible to look into the man's emails, and emails sent by the wife "also cannot be said to be the circumstances which indicate that she was looked after properly by the applicants".
"They (Indian women) suffer in silence with the fond hope that one day the husband and his parents would improve their behaviour and would treat the newly-wedded wife properly,'' they wrote, adding that women normally do not share with their parents the trouble faced at their matrimonial homes, either from husbands or in-laws. So, "merely these emails by themselves cannot be considered for the purpose of coming to the conclusion that the averments made by her in her complaint are false", the judges ruled.
Also, the judges took the materials on record in the FIR to find out if at face value they constitute an offence. They were satisfied that, prima facie, all the allegations in the complaint constituted offences.
Taking into consideration the facts, the judges said they were "not inclined to quash the FIR or the chargesheet" and said the applicants can seek exemption from appearance before the trial court and also file for discharge from the case.
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