Trivial disputes during married life not dowry harassment or cruelty under Section 498A IPC: Kerala High Court

The Kerala High Court recently held that trivial disputes between spouses or relatives in the usual course of life would not amount to dowry harassment or cruelty under Section 498 A of the Indian Penal Code (IPC) [Niyas, Aaramthu House v State of Kerala]..Justice P Somarajan said that there should be an element of cruelty or dowry harassment to make out a case under Section 498A IPC (cruelty to married woman).."Mere sporadic incidents of ill-treatment or mundane differences or trivial disputes that may arise between the spouses or their relatives in the usual course of life, though it may have its own impact, may not be sufficient to bring out the offence under Section 498 A IPC," the judge said. .The Court added that even if there are frequent quarrels, it would not be an offence under Section 498A IPC unless there is an element of dowry harassment. "A mere skirmish in the ordinary life between the spouses or intermittent quarrel or even a frequent quarrel, unless constitutes the ingredient of 'harassment' for meeting an unlawful demand for property or valuable security or on account of failure to meet such unlawful demand, would not constitute or attract the criminal liability that can be fastened for the offence under Section 498 A IPC,” observed the High Court..Justice Somarajan further pointed out that the legislative intent of Section 498A was not to set the criminal law into motion on the basis of trivial disputes.."The practice of registering FIR alleging offence under Section 498 A IPC and setting the criminal law in motion on the basis of trivial disputes or differences between the spouses or the relatives may not reflect the legislative intent or the mischief to be suppressed under that provision," the judge said. .Therefore, he urged the authorities to be more cautious and not unnecessarily drag mundane disputes or differences between the spouses or their relatives into a criminal prosecution process under Section 498A. .The High Court made these observations while considering a revision petition filed by a man challenging a sessions court order that had convicted and sentenced him under Section 498A. The man was accused of demanding dowry from his wife and assaulting her. .The High Court, however, noted that there were no specific arguments from the side of the prosecution as to what kind of assault took place."Admittedly, there is no evidence to show any kind of assault or any injury received by her on such assault," the Court added. .The High Court proceeded to set aside the sentence and conviction order passed by the lower court and acquit the accused. .The revision petitioner was represented by advocate B Krishna Mani. The State was represented by Public Prosecutor CN Prabhakaran..[Read Order]