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Bombay High Court: In a criminal application regarding quashing of First Information Report, charging the husband and the in-laws under the provisions of cruelty, the Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., quashed the proceedings and held that when the relationship gets strained, exaggerations are made but such omnibus allegations if accepted as cruelty, would be an abuse of process of law. Background The applicant 1- husband and the respondent 2-wife got married on 24-3-2022. This was the second marriage of the wife and she had taken divorce with mutual consent from her first husband on 15-1-2013. The wife stated that about 1 to 1½ month she was treated properly and thereafter the dispute started. She contended that after few days of marriage she found the husband is not physically and mentally fit and this information was supressed from her before the marriage. Wife also contended that her in-laws made comments on her and gave insulting treatment. She also claimed that her husband demanded Rs. 15,00,000 for a purchase of flat. She was also not given medical treatment when she fell ill. It was alleged that the husband said that she was not suitable for his family and was finally driven out of house on 11-6-2023. Thus, she filed an FIR against her husband and the in-laws for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Penal Code, 1860 (‘IPC’). Aggrieved by the said FIR the petitioners filed an application under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) for quashing the criminal proceedings arising out of the said FIR. Analysis, Law and Decision The Court noted that the wife claimed that the husband raised doubt on her character and rested her from talking to other people. The Court pointed out that the chats between the couple which were made the part of the charge-sheet clearly talk about the medication that the husband was taking. The said chats were dated 13-1-2022 i.e. before the solemnization of the marriage. Thus, the allegation of wife regarding the suppression of illness of husband, holds no ground. The Court observed that the wife tried to state that there was no consummation of marriage while she herself admitted that she was treated properly for about 1 to 1½ month post marriage and does not anywhere state that there was no sexual intercourse between them during that period. The wife further alleged that the in-laws instigated her husband and they mentally harassed her.

The Court opined that cruelty has to be of grave nature, merely making annoying statements that the wife was not wearing proper clothes, was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment as per the explanations given under the Section 498-A of IPC, especially when there is no other evidence except for the statements of the wife to corroborate such allegations. Accordingly, the Court quashed and set aside the criminal proceedings arising out of the FIR filed by the wife and held that when everything regarding the medication taken by the husband, was disclosed prior to the marriage and omnibus allegations were made, will not attract the provisions of cruelty contemplated under Section 498-A of the IPC. Additionally, it would be an abuse of process of law if the applicants had to face the trial in such circumstances. [Tushar Sampat Mane v. State of Maharashtra, Crl. App. No. 1380 of 2024, decided on: 8-8-2025.

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

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