'Allegations Made Up To Implicate Them': Telangana HC Quashes A Wife's Complaint U/S 498A IPC Against Husband's Family Members
The Telangana High Court quashed criminal proceedings against family members of a husband observing that allegations appears to be made up by the wife to implicate them.
A Complaint was filed by a wife against the Husband and his family members alleging dowry harassment. However, the police investigated the matter and removed the names of the Family members from the complaint. The Complainant then filed a Protest Petition, and the Trial Court took cognizance against the Family Members. The Family Members approached the High Court challenging the order.
The Court, while allowing the appeal, noted that cruelty entails actions that result in or have the potential to result in serious injury or endangerment to the woman's life, limb, or health, or harassment intended to compel her or her family into meeting unlawful property demands.
“Even accepting that the petitioners 2 to 5 had accompanied A1 on two occasions when they have gone to the house of 2nd respondent, it does not fulfill the ingredients of ‘cruelty’ as explained under Section 498-A of IPC”, the Bench of Justice K. Surender observed.
The Bench added, “The offence under Section 498-A of IPC is made out when the wife is treated with cruelty. Cruelty is defined as any willful conduct which is of such a nature as likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Secondly, any harassment of the woman where such harassment is with a view to coercing her any person related to her to meet any unlawful demand for property, amounts to cruelty”.
M/S Indus Law Firm appeared for the Petitioners and Advocate Kiran Palakurthi appeared for Respondents.
The Complainant, the wife of the First Petitioner, alleged that she was subjected to dowry harassment by the First Petitioner and his family members (Petitioners A2 to A5). She contended that she was beaten and forced to give additional dowry. The police investigated the complaint and filed a final report deleting the names of family members. However, based on a Protest Petition filed by the complainant, the Trial Court took cognizance against family members. The Petitioners approached the High Court challenging the order.
The Court observed that the crime of cruelty against a wife, as defined by Section 498A of the IPC occurs when a woman is subjected to harsh treatment. This cruelty can manifest in two ways: either through willful behavior that endangers the woman's well-being or through harassment aimed at coercing her or her family into meeting unlawful property demands.
The Court emphasized that merely accompanying the Petitioner to his wife’s house on two occasions does not constitute cruelty as defined by Section 498-A of the IPC. The definition of cruelty under this section requires actions that cause or are likely to cause grave injury or danger to the woman's life, limb, or health, or harassment with the intent to coerce her or her family into fulfilling unlawful property demands.
Accordingly, the Court allowed the Petition and set aside the impugned order.
Cause Title: P. Subba Reddy and Others v The State of Telangana
