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The wife had alleged that the relatives insulted and taunted her about her cooking, claiming that her parents hadn't taught her anything about cooking
The Bombay High Court recently quashed an FIR filed by a woman against the relatives of her husband, observing that making comments about not knowing how to cook does not constitute cruelty under Section 498A of the IPC.
The division bench of the high court, consisting of Justice Anuja Prabhudesai and Justice NR Borkar, heard the petition filed by the relatives who were booked under Sections 406, 498-A, 504, 506, and 34 of the Indian Penal Code.
“In the instant case, the only allegation levelled against these Petitioners is that they had commented that Respondent No.2 does not know how to cook. Such comment does not constitute ‘cruelty’ within the meaning of the Explanation to Section 498-A of the Indian Penal Code,” the order reads.
The wife had alleged that the relatives insulted and taunted her about her cooking, claiming that her parents hadn't taught her anything about cooking.
She married the man in July 2020 and left the matrimonial house in November 2020, following which she filed an FIR in January 2021.
The division bench stated that petty quarrels do not constitute cruelty under Section 498A of the IPC.
“Needless to state that petty quarrels do not constitute cruelty within the meaning of Section 498-A of IPC. In order to constitute an offence under Section 498-A, there must be prima facie material to prove,” the order states.
The high court while quashing the FIR said that it was a fit case to exercise its powers under Article 226.
“Having considered the nature of the accusations against the Petitioners, this is a fit case to quash the FIR by exercising power under Article 226 of the Constitution and even under Section 482 of Code of Criminal Procedure,” the order states
Case title: Sandesh Madhukar Salunkhe & Anr vs State of Maharashtra
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