Indian Penal Code, 1860
Sections 323, 406, 498A & 506—Dowry harassment—Refusal by High Court to quash charge-sheet—Appeal—Second respondent lodged the FIR nearly two years after the filing of the divorce petition by the appellant and six months after the filing of the domestic violence case by her the mother-in-law—Plain reading of the FIR and charge-sheet papers indicate that allegations levelled by the first informant are quite vague, general and sweeping, specifying no instances of criminal conduct—No specific date or time of the alleged offence/offences has been disclosed in the FIR—Even the police thought fit to drop the proceedings against the other members of the appellant’s family—FIR lodged by the second respondent was nothing but a counterblast to the divorce petition and also the domestic violence case—Police machinery cannot be utilised for purpose of holding the husband at ransom so that he could be squeezed by wife at the instigation of her parents or relatives or friends—Where wife complains of harassment or ill-treatment, Section 498A of IPC cannot be applied mechanically—No FIR is complete without Sections 506(2) & 323 of IPC—Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty—Mere trivial irritations, quarrels between spouses, which happen day to day married life, may also not amount to cruelty—Fit case where the High Court should have exercised its inherent jurisdiction for the purpose of quashing the criminal proceedings—Petition allowed.
[Paras 31, 32 & 36]
Section 498A—Misuse of section—Apex Court in Preeti Gupta v. State of Jharkhand, 2010 Cri.L.J. 4303 observed that the tendency of over implication is reflected in a very large number of cases and it is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law—It is imperative for the legislature to take into consideration the informed public opinion and pragmatic realities in consideration and make necessary changes in the relevant provisions of law—Court looked into the Section 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023 so as to ascertain whether the legislature has seriously looked into the suggestions given in 2010 Cri.L.J. 4303—Section 85 of the BNS, 2023 is nothing but verbatim reproduction of Section 498A of IPC—Only difference is that the Explanation to Section 498A of the IPC, is now by way of a separate provision, i.e. Section 86 of the BNS, 2023—Legislature requested to look into the issue as highlighted taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023, before both the new provisions come into force.
[Paras 37 to 39]