Friday, July 10, 2009

498A cruelty case quashed after 7 years!

A new Supreme Court (SC) judment has quashed a charge-sheet filed under section 498A of IPC.

Wife can't level charge against hubby at whim

Relevant points from story:

1. A man or his relatives cannot be charged with causing cruelty to his wife unless his or his relatives' conduct towards the woman is such that can "cause the woman to commit suicide", the Supreme Court has held.

2. The bench said there was no prima facie case to attract a case of cruelty.

Note that the FIR was filed in 2002 in above case. The decision to quash charge-sheet has happened now, in 2009. What kind of legal system do we have that will keep open a case of cruelty under Sec 498A for 7 years when in supreme court's opinion there was no prima-facie case of cruelty? Do police and lower courts need help of supreme court to decide what is prima-facie a case of cruelty or not?

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