Taunts over looks, IQ not enough to invoke Section 498A: Jharkhand HC; what the law covers
NEW DELHI: The Jharkhand high court has quashed a criminal case against a man accused of subjecting his wife to cruelty by taunting her about her complexion and making comments about her low IQ and poor communication skills. The court held that the allegations did not amount to cruelty under Section 498A of the Indian Penal Code.What was the dispute about?According to the high court order, the complainant had married the petitioner after coming to know about him through a matrimonial website.After the marriage, she alleged that the petitioner taunted her about her complexion and commented about her introvert personality. She also alleged that he called her a person with low IQ and poor communication skills.The complainant further alleged that the petitioner held her responsible for a disease he had developed and later asked her to stay separately from him.She then went to her younger sister’s house in Bangalore and later to her elder sister’s house in Kolkata, where her parents were also staying.The complainant alleged that the petitioner did not allow her to return and resume their married life. She also alleged that he retained her streedhan worth Rs 35 lakh.The petitioner later filed a divorce case before the family court, Ranchi, where he stated that the complainant’s streedhan had been returned. The complainant, however, alleged that her streedhan had not actually been returned.The complainant then filed a criminal complaint against the petitioner.Based on her complaint, her statement and the statements of inquiry witnesses, the Judicial Magistrate 1st Class-XXI, Ranchi, found a prima facie case under Section 498A of the Indian Penal Code and summoned the petitioner.The petitioner later filed an application seeking discharge from the case. The magistrate rejected the application on April 10, 2026, saying that the allegations could not be considered groundless at that stage. The case was then fixed for framing of charges.The petitioner then approached the Jharkhand high court seeking quashing of the criminal proceedings.Why did the high court quash the criminal case?Justice Anil Kumar Choudhary noted that the allegations against the petitioner did not satisfy the requirements of Section 498A of the Indian Penal Code.The petitioner’s lawyer argued that even if all the allegations were accepted as true, they would not amount to cruelty under the provision. He also relied on Supreme Court judgments which said that Section 498A cannot be applied mechanically in every case where a wife alleges harassment or ill-treatment.The public prosecutor and the complainant’s lawyer opposed the petition. They argued that the petitioner had specifically taunted the complainant about her complexion and made comments about her low IQ and poor communication skills, which amounted to cruelty.The high court examined the requirements of Section 498A and noted that cruelty includes wilful conduct likely to drive a woman to commit suicide or cause grave injury or danger to her life, limb or health. It also covers harassment linked to an unlawful demand for property or valuable security.The court noted that there was no allegation that the petitioner had made any unlawful demand for property or valuable security.It also said there was no allegation that the petitioner’s conduct was likely to drive the complainant to commit suicide or cause grave injury or danger to her life, limb or health.“The only allegation is that the petitioner taunted the complainant about her complexion and commented about her low I.Q. and poor communication skills and this in the considered opinion of this Court by itself is insufficient to constitute the wilful conduct; as has been mentioned in explanation (a) of Section 498A of the Indian Penal Code to constitute cruelty,” the court said.The court therefore held that even if the allegations were accepted in full, they did not establish an offence under Section 498A.“Under such circumstances, this Court is of the considered view that even if the entire allegations made against the petitioner are considered to be true in their entirety, still, the offence punishable under Section 498A of the Indian Penal Code is not made out against the petitioner,” the court held.The court also said that continuing the criminal case in such circumstances would amount to abuse of the legal process.“Therefore, continuation of the criminal proceeding against the petitioner will amount to abuse of process of law and this is a fit case where the entire criminal proceeding including the order dated 11.06.2024 passed by the learned Judicial Magistrate 1st Class-XXI, Ranchi in connection with the Complaint Case be quashed and set aside,” it said.The high court accordingly quashed the entire criminal proceeding against the petitioner, including the magistrate’s order dated June 11, 2024 and the April 10, 2026 order rejecting his discharge application.The court allowed the petition and disposed of the pending applications.
