S.498A IPC | One Trivial Instance Not Sufficient For 'Cruelty' : Supreme Court Quashes Case Against Husband's Sisters & Cousins

Recently, the Supreme Court (on November 30) while quashing the criminal proceedings for the offence of cruelty under Section 498A of the Indian Penal Code, 1860, observed that one occurrence, unless serious, with no clear evidence of involvement in the complainant's life, is not sufficient to implicate a person under this provision.

“One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC.,” the bench of Justices Sanjiv Khanna and S.V.N Bhatti observed.

In the instant case, the wife added the sister and the cousins of the husband as accused in the complaint. The sisters and cousins of the husband filed a petition before the Karnataka High Court for quashing of the charge sheet. However, the same was dismissed by the High Court via its impugned judgment. Thus, the present appeal.

The Apex Court perused the written complaint as well as the charge sheet. To begin with, the Court observed that out of the two allegations made against the sister of the accused, only one was substantiated in the charge sheet - that the first appellant had thrown certain belongings of the wife on the ground and had cursed her in foul language.

Apart from this, the Court also noted that the sister was living and working in Canada. Further, even the other appellants were residing separately and not at the marital home.

Thus, the Court observed that the assertions made in the charge sheet are very vague and general.

“Given that the appellants were not residing at the marital home, and appellant no.1 was not even living in India, the absence of specific details that constitute cruelty, we would accept the present appeal.,” the Top Court added.

In view of this above projection, the Court quashed the criminal proceedings against the appellant. However, before parting, the Court also made it clear that the Trial Court could proceed against them if any evidence came on record.

Case Title: MAHALAKSHMI vs. THE STATE OF KARNATAKA., Diary No.- 13940 - 2019

Citation : 2023 LiveLaw(SC) 1041

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