Cruelty contemplated in Section 498A of the Indian Penal Code is different from day to day bickering between the husband and wife – Calcutta High Court

Case Details:
Case No.: CRA 16 of 2019
Bench: Hon’ble Sugato Majumdar, J.

The Hon’ble Court while quashing case against the appellant under Section 498 A IPC observed that the complainant wife failed to raise any specific instance of any torture, assault or harassment. Also the complainant wife did not mention any point or period of time of such torture or harassment.

The Court observed further that the complainant wife was medically examined twice and both the medical reports shows simple injuries like bite marks. The Court held that the cruelty contemplated in Section 498 A of the IPC is different from day to day bickering between the husband and wife and sweeping allegations cannot be relied upon to conclude that offence under Section 498A of the IPC has perpetrated. The Hon’ble Court also held that the Trail Court committed error in coming to the conclusion that the appellant is guilty of offence under Section 498A of the IPC and there are latches on the part of the Trial Court in appreciation of evidence. Therefore, conviction under Section 498A of IPC is liable to be quashed. However, conviction and sentence under Section 323 of the Indian Penal Code stands upheld, in view of oral and corroborating documentary evidence.