LI Network
Published on: 05 April 2023 at 11:03 IST
The Andhra Pradesh High Court has ruled that declining to take responsibility for Treatment of a child does not constitute cruelty under section 498A of the Indian Penal Code or criminal intimidation under section 506.
The Andhra Pradesh High Court has dismissed a criminal case brought by a woman against her spouse and in-laws. The court held that failing to care for a child and declining to assume responsibility for their medical care does not constitute cruelty under Section 498-A or criminal intimidation under Section 506 of the Indian Penal Code.
The wife filed a complaint against her husband and in-laws, alleging offences under Sections 498-A, 506, 354 r/w 34 of the Indian Penal Code. She claimed that she was subjected to harassment and mistreatment for money and that they failed to provide financial support when her son required surgery.
The husband and in-laws, who were the defendants in the case, asked the High Court to dismiss it, arguing that it was filed outside the time limit specified under Section 468 of the Criminal Procedure Code.
Supreme Court Bench of Justice R. Raghunandan Rao led the bench, which observed that the magistrate failed to record a brief note expressing their contentment with taking notice. Additionally, the complaint was filed more than three years after the woman had relocated to her parents’ residence, surpassing the time limit specified.
The court concluded that the complainant’s petition was outside the time limit stated in Section 468 of the Criminal Procedure Code, and as a result, the lawsuit was dismissed.