Cruelty under 498-a of ipc - quashing of f.i.r.

Advocate, High court

Cruelty to wife need not always be physical, even mental harassment would come within purview of Section 498-A - Such harassment, when meted out with a view to coerce complainant to meet unlawful demand for any property or valuable security or on account of her failure to meet such demand, amounts to cruelty -Conduct of husband in having illicit intimacy with another woman, deserting wife demanding her to bring additional dowry or asking her to agree for divorce in event of her failure to meet such demand would constitute acts of ill-treatment and harassment within meaning of Section 498-A - Truth or otherwise of allegations have to be ascertained only after due investigation - FlR cannot be quashed. 

THOTA SAMBASIVA RAO & ORS. VS. STATE OF A.P. & ANR.

      2009-ALL MR (Cri) JOURNAL-319

 

 

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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

"illicit intimacy with another woman" - prima facies does not fall as per the definition of cruelty in clause A & B of sec. 498A IPC, hence illicit relationship can’t be prosecuted under this section.  

 
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