The Tis Hazari Court has partly allowed a revision petition filed by the wife, her brother, and father, challenging the order of the Metropolitan Magistrate summoning them under Sections 120B, 312, 406, 420, 384, 506, and 34 IPC.
The case arose from a complaint by husband alleging cheating, extortion, and criminal breach of trust shortly after their April 2022 marriage. He accused wife and her family of demanding money, threatening abortion unless paid, and failing in matrimonial obligations. However, the Court found no prima facie evidence of cheating, extortion, criminal intimidation, or conspiracy. WhatsApp messages cited as proof were deemed ordinary spousal exchanges, and no element of fear or dishonest inducement was established.
The Court held that only the charge under Section 312 IPC (causing miscarriage) against wife could proceed, based on records showing she terminated her pregnancy in October 2022. Summons against her brother and father were quashed entirely. The Court clarified that it will be determined during trial whether the termination was in good faith to save her life.
Accordingly, the April 18, 2024 order was modified and the wife will face trial solely under Section 312 IPC, and all other charges against her and co-revisionists stand set aside.
Appearances:
Petitioner: Adv Atul Jain