Penal Code, 1860 – s.498A – Dowry Prohibition Act, 1961 – s.4 – Conviction under – When not sustainable: Held: The term “cruelty” is being misused and cannot be established simpliciter without specific instances – The tendency of roping sections 498A, IPC and 3 & 4, DP Act, 1961 without mentioning any specific dates, time or incident, weakens the case of the prosecution casting serious suspicion on the viability of the version of a complainant – In the present case, the allegations made by the complainant-wife were vague, omnibus and bereft of any material particulars to substantiate the threshold of offences u/s.498A, IPC and s.4, DP Act, 1961 – A cursory or plausible view cannot be conclusive proof to determine the guilt of an individual under the aforesaid Sections, especially to obviate malicious criminal prosecution of family members in matrimonial disputes – FIR registered by the complainant was not genuine – Nothing incriminatory against the appellant to sustain conviction u/s.498A, IPC or s.4, DP Act, 1961 – Impugned order set aside – Appellant acquitted. [Paras 9, 11, 12, 14, 15]
Penal Code, 1860 – s.498A – Dowry Prohibition Act, 1961 – ss.3, 4 – Threshold of offences under:
Held: An act of ‘cruelty’ for the purpose of s.498A, corresponds to a willful conduct of such nature, that may cause danger to the life, limb and health of the woman, which is inclusive of the mental and physical health and the harassment caused to her, by coercing her to meet unlawful demands or impossible standards – Further, the demand for dowry in terms of ss.3 and 4 of the DP Act, 1961 refers to both a direct or indirect manner of demand for dowry made by the husband or his family members – To meet the threshold of the offences u/s.498A, IPC and ss.3 and 4, DP Act, 1961, the allegations cannot be ambiguous or made in thin air. [Para 8] Judicial Deprecation – Penal Code, 1860 – s.498A – Dowry Prohibition Act, 1961 – ss.3, 4 – Practice of maliciously roping in of every relative of husband, deprecated – Misuse of s.498A – Discussed. [Paras 13, 14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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