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False implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes may lead to further misuse of the process of law : High Court of Delhi

The High Court of Delhi, through learned judge, Justice Anoop Kumar  in the case of Anil Kumar Talan vs. State (BAIL APPLN. 1820/2022) observed that false implication by fabricated omnibus allegations against the entire family in the course of matrimonial disputes may lead to further misuse of the process of law.

BRIEF FACTS: FIR was registered on the complaint of Ms. Brijesh Devi wife of Dharmender Singh wherein she alleged that Ms. Komal daughter of Shri Anil Talan (petitioner in the present petition) was married to her elder son Abhishek Kumar.. Further, Komal Talan was not willing to live with Abhishek Kumar and in order to extort money from them, she hatched a conspiracy in association with her family members including the present petitioner and her friend Tushar Chaturvedi. In order to execute the plan to disappear from the matrimonial home, she gave false information regarding her suicide. In between, the family members of Komal Talan registered a case under Sections 498-A/364 IPC and 3/4 Dowry Prohibition Act at PS: Indirapuram, Ghaziabad, UP against Abhishek Kumar and other family members. Abhishek Kuwas consequently arrested and is presently on bail in the aforesaid case.

FINDINGS OF THE COURT:  The court observed that a bare perusal of aforesaid factual position revealed that to wreak vengeance for oblique motive, the incident of alleged suicide was fabricated. The same not only led to ignominy, adverse media coverage and misery to the family of the complainant but also resulted in undue incarceration of Abhishek Kumar. The criminal proceedings were initiated as a gross abuse of the process of law. The implication and consequences of such conduct may not have been fully visualised by the petitioner at the aforesaid time but the uncalled for detention of Abhishek Kumar definitely ruined the chances of settlement. The law appeared to have been used as a weapon than a shield by fabricating the incident of disappearance and suicide. The court was of the considered view that a serious view needs to be taken of such incidents to ensure that social fabric is not ruined by such fabrication of facts. The court held that if false implication by fabricated omnibus allegations against the entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious proportions. Considering the grave nature of allegations and the fact that criminal proceedings under Section 364 IPC were falsely initiated, in connivance the court held that  the case was fit for grant of anticipatory bail to the petitioner.

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JUDGEMENT REVIEWED BY – AMRUTHA K

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