The High Court of Jammu & Kashmir and Ladakh rejected two petitions seeking to quash an FIR filed under Sections 498A and 109 IPC. The court ruled that cruelty doesn’t require the woman to attempt suicide or cause self-harm. If conduct causes grave injury or endangers her physical or mental health, it qualifies as cruelty under Section 498A IPC.
Case Background
Complainant Amandeep Kour alleged severe mental and physical abuse shortly after her 2021 marriage. Initially cordial, the relationship deteriorated. Her husband left for Canada within days, leaving her with his parents. She claimed she was treated as a servant, physically assaulted, and thrown out of her home.
Despite a dowry-free marriage, the in-laws allegedly harassed her over dowry and insulted her financial status.
Petitioner’s Stance
The husband and in-laws approached the High Court to quash the FIR. They argued the allegations were vague and general. The family claimed no specific dowry demands were made and no conduct qualified as cruelty under Section 498A. They relied on earlier Supreme Court rulings to support their position.
Court’s Ruling
Justice Sanjay Dhar dismissed their arguments. He stated that cruelty under Section 498A includes any conduct that causes grave mental or physical harm. The court stressed that driving a woman to suicide isn’t the only test of cruelty.
Justice Dhar noted the complainant’s seven-page statement under Section 161 CrPC gave detailed accounts of beatings, threats, and abandonment. Witnesses corroborate her claims. He reminded that FIRs need not include exhaustive details, those emerge during the investigation.
The court emphasized that cruelty includes harm that endangers a woman’s life, limb, or health, even without suicidal tendencies.
Final Verdict
The court concluded that the allegations satisfied the legal requirements of Section 498A IPC. The petitioners’ conduct amounted to cruelty. Accordingly, both petitions were dismissed. The FIR stands, and investigation will proceed based on the material on record.
