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In the instant case, while setting aside the conviction under 498A IPC court noted that no specific distinct allegation have been made against either of the accused
The Patna High Court recently held that abusing a person saying “Bhoot” and “Pisach” is not an act of cruelty.
"In matrimonial relation, especially in failed matrimonial relations there are incidents where both the husband and wife abused each other saying filthy language. However, all such accusations do not come within the veil of “cruelty”", a single judge bench has held.
Justice Bibek Chaudhuri made these observations while setting aside a conviction under Section 498A of the Indian Penal Code.
In the instant case, it was alleged that after the accused's wife went to her matrimonial home, she was subjected to physical and mental torture for one Maruti Car.
"It is stated by the daughter of the Informant in her evidence that she informed the matter regarding torture of the Petitioners to her father by series of letters. However, not a single letter was produced by the de facto complainant during trial of the case. It is found from the record that a long standing dispute was going on between the contesting Petitioners and the daughter of the de facto complainant...", the High Court noted.
It was further noted that there existed no document prior to the lodging of the complaint to show that the contesting petitioners personally demanded a Maruti Car and on non-fulfillment of such demand, the daughter of the de facto complainant was subjected to cruelty.
"It seems to this Court that the case under 498 A of the Indian Penal Code is the outcome of personal grudge and differences between both the parties...", court said while setting aside the conviction.
Case Title: Sahdeo Gupta vs. State of Bihar
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