Nishka Srinivas Veluvali
Published On: January 14, 2022 at 19:55 IST
The Supreme Court held that keeping the bride’s jewellery with them for safety purposes does not amount to cruelty under Section 468A of the Indian Penal Code.
The Supreme Court Bench of Justice Indira Banerjee and JK Maheshwari observed that due to lack of control on the adult brother living independently or giving advices to sister – in – law to prevent retaliation does not count as cruelty to the daughter – in – law as per the definition provided by the Section 498A of the IPC.
Section 498A of the IPC deals with husband or relative of husband of the woman subjecting to the cruelty.
In the current Case, the woman had registered a complaint under Section 498A.
The Supreme Court meddled in the Case when an Appeal challenging the Punjab and Haryana High Court Order that rejects the man’s Plea seeking permission to return to the US where he is employed citing that he is named as Accused along with his elder brother and parents under Section 323 (voluntary causing hurt), 34 (common intention), 406(criminal breach of trust), 420 (cheating), 498A and 506 (criminal intimidation) of the Indian Penal Code.
The Supreme Court stated that “Failure to control an adult brother, living independently, or giving advice to the complainant to adjust to avoid vindictive retaliation cannot constitute cruelty on the part of the Appellant within the meaning of Section 498A of the IPC”.
The Bench also noted that no specifications regarding to the jewellery that has been taken from her by the mother- in- law and brother – in – law.
The Court also held that the Appellant (man) is not liable for any criminal acts or cruelty constituted against the Complainant (bride).
The Bench also stated that, “In our considered opinion, the Chief Judicial Magistrate erred in directing the appellant not to leave the country without prior permission of the Court”.
Thus, the Bench observed that the allegations levelled against the Appellant does not reveal any cruelty as per Section 498A of IPC.