Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
These allegations in the FIR some of which can be found in the statements of the witnesses show that these applicants, prima facie, subjected non-applicant no. 2 to humiliation, harassment and cruelty of such a nature as is contemplated under Section 498-A of the IPC and therefore,
we are of the view that there is prima facie case made out against each of the applicants, inspite of their sometimes residing away from the place where non-applicant no. 2 resided. One cannot forget the fact that cruelty as envisaged under Section 498-A of the IPC is not only physical, it also takes within its fold several other forms of cruelty, including mental cruelty. The mental cruelty is an abstract concept and it is a matter of experience for a person who is subjected to cruelty.
Many a times certain taunts are made against another person but it all depends upon the manner in which the person takes those remarks or responds to them. Sometimes, the taunts might be seen to be innocuous by one person, while they may not be necessarily so perceived by another person. There are also certain derogatory remarks, which have been held by Supreme Court to be presumptively constituting cruelty within the meaning of Section 498-A of the IPC, as for example consistently suspecting fidelity of wife {See A. Jayachandra Vs. Annel Kaur [MANU/SC/1023/2004 : (2005) 2 SCC 22]}. Such being the nature of mental cruelty, it is not necessary that it must take place in the physical presence of persons and that it can be handed out even from a distant place. Here, in this case, for meting out mental cruelty to non-applicant no. 2, of course, in prima facie way, these applicants seems to have employed modern means of communication i.e. telephone etc. and on many occasions, they have also remained present in the company of non-applicant no. 2. Therefore, this is not a case where the applicants, by virtue of their separate residence, could be presumed to not have treated non-applicant no. 2 in a cruel manner. {Para 7}
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Criminal Application (APL) No. 1660 of 2022
Decided On: 22.12.2022
Sunita Kumari and Ors. Vs. State of Maharashtra and Ors.
Hon'ble Judges/Coram:
S.B. Shukre and M.W. Chandwani, JJ.
Author: S.B. Shukre, J.
Citation: MANU/MH/4535/2022
