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News18
10 hours ago
- News18
Complaints About Clothes Or Cooking Don't Amount To ‘Grave Cruelty' Under 498-A, Says Bombay HC
The court also pointed out investigative gaps that police had not questioned neighbours or neutral witnesses, relying solely on statements from the wife's relatives The Bombay High Court has drawn a clear line between marital discord and criminal cruelty, holding that gripes about a wife's attire or cooking skills cannot, by themselves, be treated as 'grave cruelty" under Section 498-A of the Indian Penal Code. Delivering the verdict on August 8, the Aurangabad bench of Justice Vibha Kankanwadi and Justice Sanjay A Deshmukh quashed proceedings against a Pune man, his parents, and two sisters, accused of harassing his wife and concealing his mental illness before marriage. The couple's wedding took place in March 2022, the wife's second marriage. Fourteen months later, the relationship collapsed, with the wife alleging verbal abuse, unreasonable demands for gifts, restrictions on her personal communications, and a Rs.15 lakh demand for purchasing a flat. She also claimed she was forced out of the matrimonial home in June 2023. The wife filed the FIR for the offence punishable under Sections 498-A, 323, 504, 506 read Section 34 of the Indian Penal Code, 1860. But the court found the wife's version riddled with contradictions. One key piece of evidence turned the case: pre-marriage chats where the husband disclosed he was under treatment, undermining the claim that his health condition had been hidden. 'When the marriage was performed despite this disclosure, it cannot be said she had no knowledge prior to the marriage," the bench noted. On the allegation of cruelty, the judges said making remarks such as the wife not wearing 'proper clothes" or being 'unable to cook food properly" may cause friction but did not rise to the level of serious harassment envisioned by Section 498-A. Such conduct, the court remarked, 'cannot be said to be acts of grave cruelty or harassment". The court also pointed out investigative gaps that police had not questioned neighbours or neutral witnesses, relying solely on statements from the wife's relatives. Allegations, it said, appeared to grow as the relationship deteriorated, making the complaint 'omnibus" and exaggerated. Even the alleged Rs 15 lakh demand seemed questionable. At the time of marriage, the family already owned a flat, a fact known to the wife, raising doubts over whether such a demand was genuinely made. With little independent corroboration and much of the complaint based on subjective grievances, the bench concluded that putting the accused on trial would be 'an abuse of the process of law." It quashed the case in its entirety, ending the criminal proceedings before the Aurangabad Chief Judicial Magistrate. view comments First Published: August 11, 2025, 15:23 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
India Today
3 days ago
- India Today
Remarks on wife's cooking, clothing not cruelty: Court cancels case against man
The Bombay High Court on Friday cancelled a criminal case and related proceedings against a man and his family over a complaint filed by his estranged wife, observing that remarks about a wife's attire or cooking skills do not constitute grave cruelty or harassment."Making annoying statements that the wife was not wearing proper clothes and was not able to cook food properly cannot be said to be acts of grave cruelty or harassment," the Aurangabad Bench of the High Court, constituting Justices Vibha Kankanwadi and Sanjay A Deshmukh said, cancelling the court noted, "When the relationship gets strained, it appears that exaggerations are made. When everything was disclosed prior to the marriage and allegations are omnibus or of not so grave for befitting in the concept of cruelty contemplated under Section 498-A of the Indian Penal Code (IPC), it would be an abuse of process of law if the husband and his family are asked to face the trial." Section 498A of the IPC (Section 85 of the Bharatiya Nyaya Sanhita) deals with cruelty against a woman by her husband or his relatives. It is a cognisable, non-bailable, and non-compoundable offence, meaning the police can arrest the accused without a warrant, bail is not a right, and the case cannot be settled out of case stemmed from a complaint filed by the woman who married the man in March 2022. It was her second marriage, following a mutual consent divorce in 2013. The wife alleged that a month and a half into the marriage, she was no longer treated properly. She also claimed that her husband's family had hidden his mental and physical ailments from the court scrutinised the evidence and found contradictions in the wife's claims. It noted that chats exchanged between the couple before their marriage, which were part of the charge sheet, revealed that the husband had explicitly mentioned the tablets he was taking. The court concluded that the wife had knowledge of his illness and that his medical treatment was disclosed to her before the wife had also alleged a demand for Rs 15 lakh to purchase a flat around Diwali. The court, however, questioned the plausibility of this claim, pointing out that the husband already owned a High Court found the allegations against the family members to be "omnibus" and lacking specific details. It noted that there was no evidence in the charge sheet other than the wife's statement and that the investigating officer had not even questioned the couple's neighbours.- EndsMust Watch IN THIS STORY#Maharashtra
Indian Express
10-07-2025
- Indian Express
‘Harassment' of girls at children's home: Bombay HC initiates suo motu PIL
The Aurangabad bench of the Bombay High Court on Tuesday took a suo motu cognisance of news reports that claimed nine girls from Children's Home in Cantonment area of Chhatrapati Sambhajinagar escaped due to alleged harassment at the facility. Initiating suo motu PIL, the HC said it was 'disturbed' by the incident and expressed 'shock' over the treatment given to the girls. The court questioned the police as to why FIR was not lodged in the matter and observed that the authorities moved with 'snail's speed' without taking due action. 'After taking note of all these newspaper cuttings, it appears that the authorities are moving at a snail speed, maybe with an intention to subside the burning issue. When the girls have taken such steps and even tried to lodge the reports, it appears that they have not been allowed. Of course, this is our prima facie impression. The police authorities ought to have lodged the FIR when the minor citizens are subjected to some harassment or cruelty,' a bench of Justices Vibha V Kankanwadi and Sanjay A Deshmukh observed. As per the news reports, the nine girls escaped the Vidyadeep Children's home in Cantonment area and allegedly damaged the property with the help of sticks and iron rod and some of them were found near Bhagwan Mahavir Chowk. As per reports, the girls had tried to make a complaint with the District Legal Services Authority where they were in custody by Damini Squad. As per news reports, there were CCTV cameras installed in the common room of the girls in the Children's home, under the pretext of Protection of Children from Sexual Offences (POCSO) Act and the girls, while breaking out of the facility, had allegedly damaged the said CCTV cameras. The news reports further claimed that routine pregnancy tests were carried out whenever the girls complained of stomach aches. After perusing the girls' statements recorded by the women Police officers, the bench noted, 'We are really shocked with the treatment that was given and also the complaints that were made in respect of the Child Welfare Committee also. With a broad objective the Child Welfare Committees have been established and they are supposed to act in the interest of the children in need of care and protection.' 'Still the question remains that in spite of recording these statements on July 3 and 4, 2025, why the FIR was not registered. The possibility of destruction of evidence then cannot be ruled out and therefore, we have decided to take suo motu cognisance of the entire episode,' the court stated. The bench said that 'possibility of pressurising the girls and tutoring them cannot be ruled out' and questioned why an action was not taken in case of such grievances at the time when they were raised. The bench further noted that nearly 80 girls were allowed to be kept in the said Home 'without any authorisation' or valid license for the Home as the same expired on May 5 and renewal plea was pending before the state government. It said that 'prima facie, it was CWC's job to see that the safe environment is made available to such girls.' Public Prosecutor A B Girase for the government submitted that the Commissioner of Police (CP) will take steps based on the report of the inquiry-committee of three women officers. It asked the lawyer to place on record the facts related to the matter on instructions from concerned Police and Child Welfare Department officials during the next hearing on July 14.
India Today
08-05-2025
- India Today
Bombay High Court slams ‘copy-paste culture' in police statements, seeks reforms
The Aurangabad bench of the Bombay High Court has strongly criticised the prevalent 'copy-paste culture' in the recording of witness statements by police, calling for immediate intervention and systemic reform.A division bench comprising Justices Vibha Kankanwadi and Sanjay A Deshmukh expressed concern while hearing a plea filed by Amol Nikam and four of his family members, who had sought to quash proceedings arising from an FIR lodged at Erandol Police Station in Jalgaon district on February 24, case, initially registered as an accidental death, was later converted to abetment of suicide, and subsequently under Section 305 after it was confirmed that the deceased was a 17-year-old minor girl. Though the bench initially appeared disinclined to grant relief and the petition was eventually withdrawn by the petitioners, the court took suo motu judicial notice of the manner in which statements under Section 161 of the Code of Criminal Procedure (CrPC) had been recorded.'Even in serious offences, the investigating officer has literally made copy-paste of the statements,' the court noted, expressing shock over the mechanical and negligent approach adopted by the police. 'Two witnesses cannot give statements in identical fashion. Even the paragraphs start with the same words and end with the same words,' the bench this practice 'dangerous,' the court cautioned that such uniformity in statements could inadvertently benefit the accused and weaken the credibility of otherwise genuine cases. 'In such circumstances, the seriousness of the genuine case may get vanished,' it by the findings, the court appointed Advocate Mukul Kulkarni as amicus curiae to assist in drafting a petition recommending systemic reforms. 'The State must come out with specific guidelines for investigating officers, especially regarding how statements should be recorded,' the court amicus has been asked to submit a report by June 20, with the next hearing scheduled for June Watch
Indian Express
06-05-2025
- Indian Express
Bombay HC flags ‘copy-paste' statements in chargesheets, raise doubts over whether police call witnesses at all
The Aurangabad bench of the Bombay High Court raised concerns over the use of 'copy-paste' statements of witnesses in chargesheets, stating that no two witnesses can give identical statements and that such a practice by police can give an advantage to the accused. Taking suo motu cognisance of the issue, the court directed the Maharashtra government to prepare specific guidelines for investigating officers, including on how to record witness statements. '[A]fter going through the entire chargesheet, we have noticed that even in a serious offence, the investigating officer who had recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, has literally made copy-paste of the statements. Even the paragraphs start with the same words and end with the same words. The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused persons,' a bench of Justice Vibha Kankanwadi and Justice Sanjay A Deshmukh said in an order on April 29. The chargesheet was filed against five people who have moved the court seeking the quashing of a suicide abetment case booked against them in Jalgaon in 2024 over the death of a 17-year-old. The court said that such 'copy-paste statements' are often seen, including in domestic violence cases under Indian Penal Code section 498A, raising doubts over whether the witnesses were called by the police at all to record their statements. 'But when now we are coming across with such copy-paste statements in serious offence like Section 306 of the Indian Penal Code, it is then high time to take cognizance of the issue suo moto and to consider as to what are those shortcomings or difficulties for the investigating officer/officers when they record such copy-paste statements,' the court said. The court also appointed an amicus curiae, advocate Mukul Kulkarni. 'He may collect data and suggest measures to be taken by the State Government to avoid such situations of copy-paste and to overall improve the quality of investigation,' it said, posting the hearing to June 20, with directions to the amicus curiae to file a petition.
