Indian Penal Code 1860 – Section 498A- The ingredients for an offence to be made out under Section 498-A of IPC require that there has to be cruelty inflicted against the victim which either drives her to commit suicide or cause grave injury to herself or lead to such conduct that would cause grave injury or danger to life, limb or health. The second part of this Section refers to harassment with a view to satisfy an unlawful demand for any property or valuable security raised by the husband or his relatives. (Para 18) ‘Cruelty’ must be done with the intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself. (Para 23) – Concerns over the misuse of this Section in matrimonial disputes reiterated (Para 33).
Indian Penal Code 1860 – Section 312,313 -No communication or intimation is alleged by the complainant in the FIR that would even remotely lead to the conclusion that the appellants were aware about the pregnancy of the complainant- It is unusual that when the allegations under Sections 312 and 313 of IPC are levelled against the appellants, such an important fact surrounding her pregnancy and its knowledge to the appellants is not to be found in the FIR. (Para 27)
Code Of Criminal Procedure 1973 – Section 482- When the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute a case against the accused, the High Court would be justified in quashing the proceedings -Where the uncontroverted allegations in the FIR and the evidence collected in support of the same do not disclose any offence and make out a case against the accused, the Court would be justified in quashing the proceedings. (Para 29)
Summary : Allowing appeal, Supreme Court quashed FIR lodged against accused and observed: These facts lead us to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the divorce according to the terms of the complainant and the proceedings were used as a weapon by the complainant in the personal discord between the couple.