Vague allegations in matrimonial disputes cannot sustain criminal prosecution; specificity is required to prevent misuse of legal provisions.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revisional application has been preferred praying for quashing of proceedings in Chatterjeehat P.S. Case No. 162/22 dated 25th August, 2022 under Sections 498A/406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, corresponding to G.R. Case No. 4836 of 2022.

2. The Case of the petitioners is that the petitioner no. 1 is the husband, petitioner no. 2 is the father-in-law and petitioner no. 3 is the mother-in-law of the de facto complainant.

3. The allegations in the written complaint lodged by the de facto complaint herein shows that the de facto complainant was married to the petitioner no. 1 in the year 2020, but in her matrimonial home she was ill-treated and, as such, she was compelled to file a written complaint on 25th August, 2022 when she was staying in her parents’ house from 26th July, 2022 to 25th August, 2022.

4. It is further alleged that at the time of marriage dowry was given along with several articles. It is further stated that though the de facto complainant was told that she would be residing in Suri with her husband, she was never taken to Suri. She also came to know subsequently that her elder sister-in-law who was staying in her matrimonial home was going to be divorced and, as such, the present case was initiated under Sections 498A/406 IPC.

5. From the materials in the case diary shows that during pendency of the present case the ‘streedhan’ articles have been returned to the de facto complainant.

6. Section 498A IPC, lays down:-

“498A. Husband or relative of husband of a woman subjecting her to cruelty.—

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.— For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is 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 (whether mental or physical) of the woman; or (b)harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Ingredients of offence- The essential ingredients of the offence under sec 498A are as follows:

1) A woman was married;

2) She was subjected to cruelty;

3) Such cruelty consisted in-

i) Any lawful conduct as was likely to drive such woman to commit suicide or to cause grave injury or danger to her life, limb or health whether mental or physical;

ii) harm to such woman with a view to coercing her to meet unlawful demand for property or valuable security or on account of failure of such woman or any of her relations to meet the lawful demand;

iii) the woman was subjected to such cruelty by

her husband or any relation of her husband.”

7. In Dara Lakshmi Narayana & Ors. vs State of Telangana & Anr., in Criminal Appeal No. ………… of 2024 (arising out of SLP (Criminal) No. 16239 of 2024, decided on December 10, 2024, the Supreme Court held:-

“15. An offence is punishable under Section 498A of the IPC when a husband or his relative subjects a woman to cruelty, which may result in imprisonment for a term extending up to three years and a fine. The Explanation under Section 498A of the IPC defines “cruelty” for the purpose of Section 498A of the IPC to mean any of the acts mentioned in clauses (a) or (b). The first limb of clause (a) of the Explanation of Section 498A of the IPC, states that “cruelty” means any wilful conduct that is of such a nature as is likely to drive the woman to commit suicide. The second limb of clause (a) of the Explanation of Section 498A of the IPC, states that cruelty means any wilful conduct that is of such a nature as to cause grave injury or danger to life, limb or health (whether mental or physical) of the