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Cruelty – Act of petitioner sending a legal notice to her seeking divorce in another country except India cannot be brought within the meaning of “Cruelty” under Section 498(A) of IPC. (Madras)https://bit.ly/2ATYmg1judge Jegatheesan Chandra —IMPORTANT Cruelty – Act of petitioner sending a legal notice to her seeking divorce in another country except India cannot be brought within the meaning of “Cruelty” under Section 498(A) of IPC Indian Penal Code, 1860 Section 498(A) – Against conviction – Incidents that happened in USA do not made out a case for offence under Section 498(A) of IPC – Finding of the trial court that issuance of legal notice for divorce in USA would amount to harassment and cruelty is perverse – No evidence to prove that conduct of petitioner was of such a nature which had driven the defacto complainant to commit suicide or to cause grave injury – Act of petitioner sending a legal notice cannot be brought within the meaning of “Cruelty” under Section 498(A) of IPC – Both Court below committed error in finding the petitioner guilty – Order set aside – Petition allowed.
by Sekar Reporter · Published June 24, 2020
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On perusal of the submissions, justice S S Sundar observed that Dharmar stood by his final report closing the counter case as mistake of fact as the case was a false one. The judge said that his action cannot be taken as a serious misconduct. The judge said the petitioner had explained to the second and third charges against him by stating that the deputy superintendent of police asked him not to go to the village due to emotional turbulence in the village after the murder. “It is a normal behaviour of any person from the victim’s family to complain about the inaction or inefficiency against the police official if something big happens. When serious charges are framed against the investigation officer alleging dereliction of duty, the allegations should be specific. In the present case, the allegations are too remote,” observed the judge.
by Sekar Reporter · Published June 17, 2020
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