2012 Supreme(Mad) 4216
High Court of Judicature at Madras
B. RAJENDRAN, J.
N. Varadhan
Versus
S. Sudharson & Others
Criminal Revision Case No. 1096 of 2012
Decided on : 12-10-2012
For the Petitioner:V. Prakash, Senior Counsel for P. Chandrasekaran, Advocate.
Headnote:
498-A - Mental Cruelty - Section 173 (2) of Cr. P.C. - IPC - [498-A, 120-B] - The court discussed the application of Section 498-A of IPC and the requirement to prove mental cruelty and ill-treatment. It highlighted the lack of evidence linking the alleged cruelty to the death of the deceased. The court also referenced the decision in (G.V. Siddaramesh vs. State of Karnataka) (2010) 3 Supreme Court Cases 152, emphasizing that cruelty can be physical or mental but cannot be put into a straitjacket formula.
Fact of the Case:
The petitioner's daughter was alleged to have suffered mental cruelty and harassment leading to her death. The court analyzed the evidence and found no nexus between the alleged cruelty and the death of the deceased.
Finding of the Court:
The court found that there was no evidence to support the petitioner's claim of mental cruelty and ill-treatment leading to the death of the deceased. It concluded that the respondents were not guilty of the offences punishable under Section 498-A and 120-B of IPC.
Issues: The main issue was whether the alleged mental cruelty and ill-treatment by the respondents led to the death of the petitioner's daughter.
Ratio Decidendi: The court emphasized the lack of evidence linking the alleged cruelty to the death of the deceased and cited the decision in (G.V. Siddaramesh vs. State of Karnataka) (2010) 3 Supreme Court Cases 152 to highlight the nature of cruelty under Section 498-A of IPC.
Final Decision: The Criminal Revision Case was dismissed, and the court upheld the decision that there was no evidence to launch prosecution against the respondents.
The petitioner is the father of the deceased Priya. The Petitioner is aggrieved by the order dated 24.03.2007 by which the Court below, accepted the report submitted by the Sub-Inspector of Police, All Women Police Station, Tambaram under Section 173 (2) seeking permission to close the complaint given by the petitioner as mistake of fact, after overruling the protest petition filed by the petitioner.
2. The case of the petitioner is that the marriage of his daughter Priya with the first respondent herein was solemnised on 26.01.2001. According to the petitioner, his daughter was subjected to mental agony and cruelty by the respondents, with the result, she suffered 'asthma' and eventually died on 11.02.2005. Therefore, contending that her daughter was subjected to mental cruelty and harassment by the respondents, the petitioner filed a private complaint before the learned Judicial Magistrate, Tambaram praying to initiate appropriate criminal proceedings against the respondents for having committed the offences punishable under Sections 498-A and 120 B of IPC. According to the petitioner, his daughter Priya died on 11.02.2005 due to 'asthma' and such ailment was caused because of the harassment meted out to her at the instance of the respondents/accused.
3. The first accused was employed as a Software professional in United Status of America. After the marriage, on 20.02.2001, the petitioner's daughter and the first respondent left for United States of America. Even prior to that, the respondents 2 and 3 have left India to America and they were staying with the younger brother of the first respondent at America. On 28.04.2012, the petitioner's daughter and the first respondent, as also the respondents 2 and 3, came to India in connection with the marriage of the younger brother of the first respondent. After the marriage, on 05.05.2012, the first respondent returned to United States of America leaving the petitioner's daughter with the respondent 2 and 3. Thereafter, when the petitioner's daughter wanted to go to America to join her husband, the respondents 2 and 3 uttered a falsehood that the visa application submitted to the petitioner's daughter was rejected. The contention of the petitioner is that, her daughter was deliberately not disclosed about the whereabouts of her husband/first respondent at America by the respondents 2 and 3 by which his daughter was subjected to untold mental harassment besdes that it resulted in her daughter suffering asthma which led to her death. Therefore, according to the petitioner, the respondents are the cause for the death of her daughter, who have subjected her to mental cruelty and harassment and hence, they are liable to be prosecuted and punished for having committed the offences under Section 498-A and 120-B of IPC.
4. The private complaint filed by the petitioner was forwarded by the court below for investigation to the Sub-Inspector of Police, All Women Police Station, Tambaram. Upon investigation, a report was filed before the Court below under Section 173 (2) of Cr. P.C. stating that when the first respondent offered to take back the petitioner's daughter to America during May 2002, she refused to accompany him on the ground that the petitioner had staunch belief in astrology and as per astrological advise, her daughter has to accompany her husband after four months. Further, she wants to attend the marriage of her brother at Madurai. It was further stated in the report that the misunderstanding arose during June 2002 when the respondents 2 and 3 objected to the petitioner's daughter removing the thali from her neck inasmuch as it was against their custom. This had offended the petitioner's daughter and she immediately went to her parents house. Thereafter, the matrimonial relationship strained between both sides. It was also stated that the petitioner's daughter stayed in her parents house for about three years. It was further stated that from 12.11.2004 and 17.11.20