In all cases, where wife complains of harassment or ill-treatment, Section 498A of the Indian Penal Code cannot be applied mechanically. No FIR is complete without Sections 506(2) and 323 of the Indian Penal Code. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty.
Ratio: If a person is made to face a criminal trial on some general and sweeping allegations without bringing on record any specific instances of criminal conduct, it is nothing but abuse of the process of the court.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 2379 of 2024
Decided On: 03.05.2024
Achin Gupta Vs. State of Haryana and Ors.
Hon'ble Judges/Coram:
J.B. Pardiwala and Manoj Misra, JJ.
J.B. Pardiwala, J.
Author: Citation: 2024 INSC 369, MANU/SC/0377/2024
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