Mere Comment That Woman Does Not Know Cooking Is Not Cruelty U/S 498A IPC: Bombay HC
The Bombay High Court held that the mere allegation involving a comment about the cooking skills did not constitute 'cruelty' within the meaning of the Explanation to Section 498-A of the Indian Penal Code.
The Court emphasized that petty quarrels alone do not meet the threshold for cruelty under Section 498-A.
A petition was filed under Article 226 of the Constitution of India, seeking to quash an FIR (First Information Report) and a consequent charge sheet under sections 406, 498-A, 504, 506 r/w. 34 of the Indian Penal Code.
A Division Bench of Justice Anuja Prabhudessai and Justice N.R. Borkar held, “the only allegation levelled against these Petitioners is that they had commented that Respondent No.2 does not know how to cook. Such comment does not constitute ‘cruelty’ within the meaning of the Explanation to Section 498-A of the Indian Penal Code”
Comment That
Advocate Umesh Mankapure appeared for the Petitioner, Advocate M.M. Deshmukh appeared for the State and Advocate Dilip Shinde appeared for Respondent 2.
The complainant in this case, a woman claimed that she she was driven out of her matrimonial home in November 2020 and filed an FIR alleging an inability to establish a conjugal relationship with her husband and taunts from her in-laws.
The Court noted that petty quarrels do not constitute cruelty under Section 498-A of the IPC. The Court added, “Needless to state that petty quarrels do not constitute cruelty within the meaning of Section 498-A of IPC. In order to constitute an offence under Section 498-A, there must be prima facie material to prove (a) willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman ; (b) that they had harassed her with a view to coerce her to satisfy unlawful demand of dowry. It has to be established that the woman has been subjected to cruelty continuously or persistently or at least in close proximity of time of lodging the complaint.”
The Court found that the only allegation against the petitioners was a comment about the cooking skills of respondent 2, which does not constitute cruelty under Section 498-A. Citing legal precedents, the Court decided to quash the FIR and the charge sheet against the petitioners under its inherent powers, both under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure.
The petition was allowed, and FIR and the charge sheet were quashed concerning the petitioners.
Cause Title: Sandesh Madhukar Salunkhe & Anr. v. The State of Maharashtra & Anr., [2024:BHC-AS:814-DB]
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