The Orissa High Court recently quashed a case of cruelty under Sec498A initiated against a woman by her brother’s wife.

Justice G Satapathy quashed the proceedings stating that the offence of cruelty to wife under Section 498A is often being misused against parents-in-law to pressurise the family of the husband.

“It is, however, clear that the offence of dowry torture U/S. 498-A of IPC has often being misused against the in-laws to pressurize the family of the husband and there is a tendency of over implication of relatives of the husband who often reside in separate mess or even at a distant place than the matrimonial home of the bride,” the Court said.

Justice Satapathy also discussed the Court’s duty in such situations to check the over implication of the husband’s relatives.

“It is also true that there are some genuine cases of dowry torture in which the mother-in-law and sister-in-law play vital role, apart from the errant husband and other in-laws and the Court has to be very careful while dealing with matter concerning matrimonial disputes between husband and wife to separate genuine case from cases of over implication and vexatious cases,” the Court said.

The Court also expressed its concern over cruelty cases being filed in the heat of passion over trivial issues.

In this case, the sister-in-law (petitioner) moved the High Court seeking quashing of criminal proceedings initiated against her by her brother’s wife who claimed she was subjected to mental and physical torture by her husband and in-laws for demand of more dowry.

The petitioner submitted that the allegations were totally false and no offence was made out against her.
She also informed the court that as she was married, she was residing in a separate house with her husband. It was further recorded that there was no allegation about the petitioner’s dispute with her in-laws.

Thus, it was found that the criminal proceedings against the petitioner were required to be quashed.

Case Title: Biswaroopa Pati @ Mohanty v State of Odisha