The Bombay High Court has recently observed that mere allegations of harassment or mere demands cannot amount to cruelty.

“Proof of cruelty is something which is left to be answered in the present case. Mere allegation of harassment or mere demand cannot amount to cruelty. In this regard, explanation (b) given to the principal provision under Section 498A of IPC itself comes to aid of the Accused,” the order reads.

 A single-judge bench of the high court comprising Justice Milind Jadhav was hearing an appeal filed by the State of Maharashtra challenging the judgement of the trial court discharging a family booked for cruelty under Section 498A of IPC.

The wife had filed an FIR against the husband, mother-in-law, father-in-law, brother-in-law and wife of brother-in-law. She alleged that she was assaulted and a demand was made from her to bring Rs.80,000 from her parents which were the expenses incurred by her husband’s family during the marriage. She also added that she was assaulted with kick blows.

The high court in its order said that in her cross-examination is the fact that she has admitted that the incidents which occurred and were narrated by her in her complaint were not complained by her or even by her parents. The bench also noted that the brother-in-law and her wife were living separately.

While dismissing the appeal filed by the State the bench noted that “in none of the incidents between July – 2001 and December – 2001, Complainant has given any details, neither the complainant has ever complained nor her parents nor her elder sister who had knowledge filed any complaint. Her elder sister’s statement was not recorded and her evidence was also led by the prosecution,” the order reads.

Case title: State of Maharashtra vs Vishal Prakash Shinde and Ors.