The Aryavarth Express
Agency (New Delhi): The Supreme Court has allowed an appeal filed by a husband, quashing criminal proceedings initiated against him by his wife under Section 498A of the Indian Penal Code (IPC) for alleged cruelty and harassment.
A bench comprising Justices J.B. Pardiwala and Manoj Misra set aside an order of the Punjab and Haryana High Court which had declined to quash the FIR and chargesheet filed against the appellant husband. The court noted that the allegations leveled by the wife in the FIR were quite vague, general and sweeping, specifying no instances of criminal conduct. It also observed that the FIR was lodged nearly two years after the husband filed a divorce petition and six months after his mother filed a domestic violence case against the wife.
The court held that if the criminal proceedings were allowed to continue against the husband, it would be nothing short of abuse of process of law and travesty of justice. It stated that this was a fit case where the High Court should have exercised its inherent powers under Section 482 of the Criminal Procedure Code (CrPC) to quash the proceedings.
The bench emphasized that police machinery should be utilized as a last resort in genuine cases of cruelty and harassment, and not to hold the husband at ransom. It observed that every matrimonial conduct that may cause annoyance to the other may not amount to cruelty, and mere trivial irritations and quarrels between spouses in day-to-day married life may also not qualify as cruelty.
The court noted with concern the misuse of Section 498A IPC in matrimonial disputes, where exaggerated versions of incidents are reflected in complaints and there is a tendency of over-implication. It said that criminal trials lead to immense suffering for all concerned, and even ultimate acquittal may not wipe out the deep scars of ignominy.
The bench called upon the legislature to seriously consider the observations made by the Supreme Court in earlier judgments regarding the need for reviewing the provision. It noted that Sections 85 and 86 of the upcoming Bharatiya Nyaya Sanhita, 2023, which will replace Section 498A IPC, are a verbatim reproduction of the current law with no substantial changes.
The court requested the legislature to look into the issue, taking into account the pragmatic realities, and consider making necessary amendments to Sections 85 and 86 before they come into force on July 1, 2024. It directed the registry to send a copy of the judgment to the Union Law Secretary and Home Secretary for placing before the Ministers of Law and Justice and Home Affairs.
The judgment highlights the need for a balanced approach in dealing with matrimonial disputes, recognizing that while there may be genuine cases of cruelty necessitating criminal action, the process should not be reduced to a tool for harassment and vengeance. It underscores the importance of distinguishing between minor irritants in a marriage and actual cruelty that warrants the intervention of criminal law. The court’s call for legislative review aims at addressing the growing misuse of the legal provisions and ensuring that the process of justice remains fair and equitable to all parties involved.
