In a significant ruling, delivered by a bench Justice Manoj Misra and Justice Manmohan, of addressing misuse of criminal law in matrimonial disputes, the Supreme Court has quashed proceedings against the parents-in-law of a woman accused of cruelty under Section 498-A IPC, observing that minor domestic taunts should not be criminalised. The Court held that, “a few taunts here and there is a part of everyday life which for happiness of the family are usually ignored.”
The Court was hearing an appeal filed by Kamal and his parents against an order of the Gujarat High Court that had refused to quash FIR No. I-163 of 2019 registered at Chandkheda Police Station, Ahmedabad, and the related criminal proceedings pending as Criminal Case No. 116 of 2020 before the Chief Judicial Magistrate, Gandhinagar.
Background
The complainant, married to the first appellant Kamal since 2005, lodged the FIR on July 20, 2019—three days after receiving summons in the divorce proceedings filed by her husband on May 15, 2019. The FIR alleged mental and physical harassment by the husband and certain taunts by the in-laws. It also mentioned that she had been employed since 2008 and alleged that her father-in-law took her salary.
The appellants contended that the FIR was a counterblast to the divorce case and the allegations, especially against the in-laws, were vague and mala fide. The High Court dismissed their petition under Section 482 CrPC, leading to the present appeal.
Supreme Court’s Findings
The Court examined the FIR and noted that the complainant had been living separately in rented accommodations and working for several years. The only allegations against the in-laws were general in nature and lacked any specificity.
Referring to the allegations of taunting by the in-laws, the Court observed:
“a few taunts here and there is a part of everyday life which for happiness of the family are usually ignored.”
It further noted that no specific instance of dowry demand was alleged and held:
“no case to proceed against the parents-in-law… is made out.”
The Court also found it significant that the FIR was lodged shortly after the complainant was served with divorce summons, casting doubt on the bona fides of the allegations.
However, with regard to the husband, the Court allowed the proceedings to continue, noting that the FIR included allegations of physical and mental cruelty that warranted examination during trial.
Decision
The Supreme Court partly allowed the appeal and passed the following directions:
- The criminal proceedings against the second and third appellants (the parents-in-law) were quashed.
- The case against the first appellant (the husband) will proceed as per law.
- The Gujarat High Court’s order dated February 1, 2024, was set aside to the extent it related to the parents-in-law.
Case Title: Kamal & Ors. vs State of Gujarat & Anr.
Bench: Justice Manoj Misra and Justice Manmohan
Advocates for Petitioners: Mr. Mohd Parvez Dabas, Mr. Uzmi Jameel Husain, Mr. Nadeem Qureshi, Mr. Syed Mehdi Imam
Advocates for Respondents: Mr. Prashant Bhagwati, Ms. Swati Ghildiyal, Mr. Siddhant Sharma, Mr. Prafull Bhardwaj
