Uttarakhand High Court refuses to quash case against man booked for sexual assault of daughter-in-law

The Uttarakhand High Court recently refused to quash a first information report (FIR) against a father-in-law, booked for outraging modesty of his daughter-in-law [Indrajeet Bansal v State of Uttarakhand]..Single-judge Justice Sanjaya Kumar Mishra opined that there is no limit to human depravity as the Court has come across many such instances of elderly men sexually assaulting their relatives."This Court is of the opinion that human depravity has no limits. The Court has seen many such incidents where elderly man has sexually assaulted their own relations. Only because the appellant happens to be father-in-law of the complainant, the FIR cannot be quashed," the bench observed in its order.The Court further said that FIRs of such nature cannot be quashed merely on the ground that the accused is a relative, the father-in-law in this case, to the complainant..The Court passed the order on a plea moved by a man to quash an FIR lodged against him on September 11. He was booked under sections 354 (outraging modesty), 498A (dowry demand), 506 (criminal intimidation) and 504 (intentional insult). He was also charged under the relevant provisions of the Dowry Prohibition Act. The petitioner argued that the allegations in the FIR were false. As far as outraging modesty charge is concerned, it was submitted that a man who has a daughter cannot commit such an offence. It was also pointed out that the complainant had not given the day, date and time when the alleged molestation took place..The Court, however, dismissed the plea as it found prima facie material in support of the allegation."This Court is of the opinion that a prima facie, case of demand of dowry, criminal intimidation and outraging modesty has been made out. Hence, there is no need even to issue notice in this case," the order stated..Advocate Abhishek Verma appeared for the Petitioner. Government counsel Dinesh Chauhan represented the State. Advocates PC Petshali and Yogesh Upadhyaya appeared for the complainant..[Read Order]