[IPC 498A] Sister-In-Law Calling Brother's Wife To Her Home, Quarrelling Does Not Amount To Cruelty: Rajasthan HC Upholds Discharge Order

Rajasthan High Court affirmed a 22-year-old order of the Sessions Court to the effect that the act of a woman's sister-in-law calling her home and quarrelling does not amount to cruelty for dowry.

The bench of Justice Arun Monga was hearing a petition against an order of the Sessions Court in which the accused was discharged from the alleged offence.

Petitioner's daughter was married to the accused's brother. In 1998, the deceased's complained of stomach pain after which she was taken to the hospital where she passed away during treatment. The deceased's father accused the deceased's sister-in-law of administering poison to her and registered a case against the sister-in-law for cruelty for dowry and attempt to murder.

However, the sister-in-law was discharged from the charges in 2002 by an order of the Sessions Court which was challenged by the petitioner before the Court.

The Court perused the reasoning of the Sessions Court which had held that there was no strained relationship between the deceased and her husband or the mother-in-law, neither there was any evidence of the sister-in-law harassing the deceased for dowry except for calling her at house and quarrelling. However, this was not considered sufficient to attract the charges of cruelty for dowry.

Furthermore, with respect to the accusation of administering poison, it was held that the accusation was made nearly two years after the incident and that too without any corroboration.

Hence, the Court did not find any illegality in the findings of the Sessions Court and accordingly, the petition was disposed of.

Title: Gulam Hussain v State and Anr.

Citation: 2024 LiveLaw (Raj) 288

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