Section 498A IPC- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- 498A Indian Penal Code, 1860 Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void Case Title: P Sivakumar vs State | 2023 LiveLaw (SC) 116 Coram: Justices B R Gavai and Vikram Nath The Supreme Court reiterated that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void. Reliance was placed upon Shivcharan Lal Verma v. State of Madhya Pradesh (2007) 15 SCC 369. (Para 7) 'Strictly Follow Arnesh Kumar Guidelines On Arrest': Supreme Court Directs High Courts & DGPs To Ensure Compliance Case Title: Md Asfak Alam v. State of Jharkhand & Anr., 2023 LiveLaw (SC) 583 Coram: Justices S Ravindra Bhat and Aravind Kumar The Supreme Court of India reiterated the guidelines laid down by the top court for arrest under Section 498A of the IPC and for other offences punishable by a maximum jail term of seven years in its 2014 Arnesh Kumar judgment. Apart from this, it also directed the high courts and police chiefs of all states to issue notifications and circulars containing these guidelines within eight weeks. (Para 12) For convenience, in Arnesh Kumar, the Court, inter alia, restrained the police from automatically arresting the accused in dowry-related cases. For an arrest to be justified, the court said that there needed to be adequate material to show the reason for the arrest as well as explain why it was necessary for the purposes of the investigation. The court also clarified that these guidelines would apply equally to other provisions in the Indian Penal Code under which an accused could be sentenced to imprisonment for seven years or less. 'Far-Fetched, Vague Allegations': Supreme Court Quashes Sec 498A IPC Case By Wife Against Mother-in-Law & Brothers-in-Law Case Title: Abhishek v. State of Madhya Pradesh., 2023 LiveLaw (SC) 731 Coram: Justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti The Supreme Court quashed the criminal proceedings initiated at the instance of a wife against her in-laws under Section 498A of the IPC after noting that the allegations were "mostly general and omnibus in nature." The Court observed that the allegations are "far-fetched" and "improbable." It also noted that the complaint was filed only in 2013, soon after the husband filed a petition seeking divorce. "Instances of a husband's family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin," the Court observed before referring to various precedents which held that criminal case against in-laws can be quashed if they are vague and omnibus in nature. (Para 20-22) Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint: Supreme Court Case title: Priya Indoria v. State of Karnataka., 2023 LiveLaw (SC) 996 Coram: Justices B.V. Nagarathna and Ujjal Bhuyan The Top Court reiterated that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation. Reliance was placed upon Rupali Devi v. State of U.P., (2019) 5 SCC 384. Therein, it was clarified that adverse effects on the mental health of the wife, even when residing in her parental home due to acts committed in the matrimonial home, amounted to cruelty under Section 498A. (Para 48 and 49) Conviction Under Section 498-A IPC Can Be Upheld Despite Acquittal Under Section 304-B IPC: Supreme Court Case title: Paranagouda v. State of Karnataka., 2023 LiveLaw (SC) 915 Coram: Justices S Ravindra Bhat and Aravind Kumar The Supreme Court held that Section 498A has a broader scope and that the conviction of the accused under this section should be upheld, irrespective of the acquittal under Section 304B. The Court based this decision on the acceptance of the dying declaration made by the deceased, which disclosed her inability to endure the torture she had endured, leading to her act of suicide. The Court found this sufficient to convict the accused under Section 498A. However, the conviction under Section 304B (dowry death) could not be sustained due to the lack of a direct connection between the dowry demand and the death. (Para 17-21) S.498A IPC | One Trivial Instance Not Sufficient For 'Cruelty': Supreme Court Quashes Case Against Husband's Sisters & Cousins Case Title: Mahalakshmi vs. The State of Karnataka., 2023 LiveLaw(SC) 1041 Coram: Justices Sanjiv Khanna and S.V.N Bhatti The Supreme Court, while quashing the criminal proceedings under Section 498A of the IPC observed that one occurrence, unless serious, with no clear evidence of involvement in the complainant's life, is not sufficient to implicate a person under this...

Section 498A IPC- Important Supreme Court & High Court Judgments of 2023

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