Kolkata, Aug. 25 -- The Calcutta High Court has quashed a criminal case lodged by a woman against her husband and in-laws, emphasising that mere physical assault without any accompanying unlawful demand does not constitute cruelty under Section 498A of the Indian Penal Code.

The case, pending before the Chief Judicial Magistrate in East Burdwan, arose from allegations of mental and physical harassment, misappropriation of property and an isolated act of assault on the complainant in July 2022.

The bench of Justice Ajoy Kumar Mukherjee noted that the petitioner, the husband, had been married to the complainant since 1997, with two children born of the marriage who reside with him. It was highlighted that the complainant had voluntarily left her matrimonial home in 2019, taking all her belongings and cash earned from her profession, undermining claims of misappropriation under Section 406 IPC.

The court observed that the 2022 FIR was lodged years after the events in question, with no explanation for the delay. Focusing on the allegations under Section 498A IPC, the court highlighted that cruelty must involve a continuous or persistent course of harassment.

While the complainant alleged a specific incident where she was slapped and kicked by her husband, the court found that an isolated act of physical assault, without any unlawful demand or coercion, does not satisfy the statutory definition of cruelty.

The court further observed that mere quarrels, physical blows, or creating a disturbance cannot alone constitute mental torture severe enough to attract Section 498A. The court noted that statements from the investigation indicated no evidence against the in-laws, and the allegations against them were general and unsupported by specific dates, times, or material proof. It was held that allowing such proceedings to continue would amount to an abuse of the judicial process, particularly when the criminal complaint appears motivated by personal grievances.

Accordingly, the High Court quashed the FIR and related proceedings, reinforcing the principle that criminal law provisions must not be used as instruments to settle personal scores in matrimonial disputes.

Published by HT Digital Content Services with permission from Millennium Post.