The Dharwad bench of the high court in India has recently issued a significant observation regarding the invocation of IPC Sections 504 and 506 in marital disputes. The court quashed the proceedings against a businessman from Bagalkot who was charged with cruelty under Section 498A by his wife. Justice M Nagaprasanna, in his judgment, emphasized the need for caution in invoking Sections 504 and 506, which deal with intentional insult and criminal intimidation, respectively. The court stated that these sections should not be recklessly invoked in trivial squabbles between spouses.
Justice Nagaprasanna pointed out that offences under Sections 504 and 506 carry a punishment of up to two years’ imprisonment. Therefore, investigation officers should not treat bringing in these sections lightly. The court’s decision aimed to prevent the misuse of these charges, which have often been invoked loosely in relation to minor disagreements between husbands and wives.
The court allowed the petition filed by the accused businessman and made critical observations regarding the present state of criminal proceedings in marital discord cases. Justice Nagaprasanna stated that permitting criminal proceedings to continue on trivial matters would encourage baseless allegations in every case. It has become routine for complainants to drag all family members, and sometimes even the husband, into such cases by projecting insignificant grievances. The judge’s remarks highlighted the need to distinguish between substantial allegations and trivialities to ensure the fair application of the law.
The case involved a couple who had been married for 15 years and had a 14-year-old son. The wife alleged that on August 25, 2016, she asked her husband for money to buy puja items, but he refused and verbally abused her. Initially, the police registered a case against the husband, his mother, and brother for assault and cruelty, among other charges. However, when the chargesheet was filed, only the husband was named as the accused under Sections 498A, 504, and 506.
The husband challenged the proceedings, asserting that the allegations were trivial day-to-day incidents. In its judgment, the high court drew on the principles established by the Supreme Court in previous cases involving similar matters. The court emphasized that invoking criminal proceedings in marital disputes based on glorified trivialities goes against these established principles.
This judgment is crucial in ensuring that charges under IPC Sections 504 and 506 are not misused or invoked carelessly in trivial marital disagreements. By advising investigation officers to exercise caution while laying down offences under these sections, the court aims to rectify the misuse of these charges. Ultimately, the decision serves to protect the integrity of the legal system while promoting fairness and justice.
