Cruelty Allegations Against In-Laws Inherently Improbable In Absence Of Shared Residence Or Meaningful Interaction: Patna High Court

The Patna High Court recently quashed criminal proceedings in a matrimonial dispute and held that in the absence of shared residence or meaningful interaction, allegations of cruelty against the in-laws become inherently improbable.A Single Judge Bench comprising Justice Rudra Prakash Mishra was hearing a petition challenging an order of the trial court taking cognizance against the petitioners for offences under Sections 85, 115(2), 118(1), and 191(2) of the Bharatiya Nyaya Sanhita, 2023. The complaint alleged that the petitioners, who were relatives of the husband, had subjected the complainant to cruelty, including caste-based abuse and physical assault. The petitioners contended that the criminal proceedings amounted to a gross abuse of process and deserved to be quashed at the threshold. It was further argued that the complaint was founded on vague, omnibus and generalised allegations, without attributing any specific overt act of cruelty to the petitioners.The Court noted that the allegations against the petitioners were largely vague and general in nature. Apart from a broad narrative alleging harassment, the complaint did not attribute any specific role or overt act to them. The Court specifically observed that:“A further crucial and undisputed aspect of the case is the categorical admission of the complainant that she had been residing separately from the petitioners for nearly three years and had never shared a household with them. This admission strikes at the very root of the allegation of cruelty. Cruelty, in the context of matrimonial offences, presupposes a degree of proximity, interaction, or cohabitation that enables harassment or ill-treatment. In the absence of any shared residence or meaningful interaction, the allegation of cruelty by the in-laws becomes inherently improbable. The admitted factual position, therefore, does not disclose any circumstance giving rise to cruelty attributable to the petitioners.”The Court noted that Section 85 of the Bharatiya Nyaya Sanhita, 2023 requires the coexistence of two essential ingredients, namely, a legally valid marital relationship and cruelty arising out of such relationship. It held that neither of these ingredients was satisfied in the present case.Accordingly, it allowed the petition and set aside the order of cognizance.Title: Manju Devi and Ors v. State of Bihar and Anr.Case Number: Criminal Miscellaneous No. 36935 of 2025.Appearances: Mrs Vaishnavi Singh appeared for the Petitioners. Mr Pradeep Narain Kumar appeared for the State.Click Here To Read/Download Order

Cruelty Allegations Against In-Laws Inherently Improbable In Absence Of Shared Residence Or Meaningful Interaction: Patna High Court

Rushil Batra

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﻿Cruelty Allegations Against In-Laws Inherently Improbable In Absence Of Shared Residence Or Meaningful Interaction: Patna High Court

Rushil Batra

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Cruelty Allegations Against In-Laws Inherently Improbable In Absence Of Shared Residence Or Meaningful Interaction: Patna High Court