Indian Penal Code, 1860
Section 498A—Misuse of section—Practice of registering FIR alleging offence under Section 498A IPC and setting the criminal law in motion on the basis of trivial disputes or differences between the spouses or the relatives may not reflect the legislative intent or the mischief to be suppressed under that provision, hence, the authorities should be more vigilant and cautious while setting the criminal law in motion and shall not unnecessarily drag such mundane disputes or differences between the spouses or their relatives in a criminal prosecution for the offence under Section 498A IPC.
[Para 5]
Section 498A—Cruelty and harassment in connection with dowry demand—Conviction—Revision—A mere skirmish in the ordinary life between the spouses or intermittent quarrel or even a frequent quarrel, unless constitutes the ingredient of 'harassment' for meeting an unlawful demand for property or valuable security or on account of failure to meet such unlawful demand, would not constitute or attract the criminal liability that can be fastened for the offence under Section 498A IPC—Like wife, a demand for dowry or any property or valuable security without the ingredient of “cruelty” as explained under clause (a) or (b) will not attract the said offence, but a combined effect of both these would bring home the liability under Section 498A IPC—Case would not fall under sweep of criminal liability that can be extended for the said offence—Allegation of an earlier incident of manhandling cannot be accepted since there is no acceptable evidence to show the earlier attack—No document worth the name was produced to show any earlier incident or any assault on victim—Failure on the part of both the trial court and the first appellate court to apply the law in force in its correct perspective—First accused/the appellant not found guilty of offence under Section 498A IPC—Conviction set aside—Petition allowed.
[Paras 2 & 6]