The Gauhati High Court ruled that petty fights or divorce demands by a husband or his family don’t amount to cruelty under Section 498A IPC. The Court quashed the entire case against Abhishek Sureka and his relatives, stressing that the anti-cruelty law applies only when there’s dowry harassment.
Assam: The Gauhati High Court, in a landmark ruling, has made it clear that petty fights between a husband and wife, or even if the husband or his family members ask for divorce, cannot be considered as “cruelty” under Section 498A of the Indian Penal Code (IPC).
Justice Parthivjyoti Saikia, while deciding the case of Abhishek Sureka and Others vs. State of Assam and Another, observed that the meaning of “cruelty” must be understood only in the specific context of Section 498A and not confused with other laws.
“Cruelty for the purpose of Section 498-A IPC is to be established in the context of Section 498-A IPC as it may be different from other statutory provisions.”
With this observation, the High Court quashed the entire criminal case filed by the wife, including the charges under Section 498A IPC read with Section 67 of the Information Technology Act, against the husband and his relatives.
Background of the Case
The wife, Wagisha Sureka, had alleged that soon after her marriage in February 2012, her husband Abhishek Sureka, his parents, and sister-in-law mentally tortured her. She said they kept pressuring her to divorce him, saying she was “not his choice” and that he “did not want to continue the marriage.”
She also claimed she developed several ailments like depression, high blood pressure, insomnia, and thyroid issues due to their behaviour. In her complaint, she alleged receiving obscene voice messages from a domestic servant named Rupesh, who allegedly made sexual remarks and used vulgar language. She suspected that the husband’s family was behind those messages.
After investigation, police filed a charge sheet under Section 498A IPC read with Section 67 of the IT Act, and the magistrate took cognizance of the case in July 2023. The husband and his family then approached the High Court to quash the proceedings.
Petitioner’s Arguments
Senior Advocate Bhaskar Dutta, appearing for the petitioners, argued that Section 498A IPC was specifically inserted to prevent the abuse of married women for dowry, and since there was no allegation of dowry demand, the provision was wrongly applied.
He emphasized that the wife’s own FIR showed the obscene messages were sent by the domestic servant Rupesh, not the petitioners. Therefore, the IT Act charge was also baseless.
“The legislative intent behind insertion of Section 498(A) must be respected. The word ‘cruelty’ appearing in Section 498(A) means harassment or torture of married women for want of dowry only.”
Respondent’s Stand
Advocate G.N. Sahewalla, representing the wife, urged that she should be given an opportunity to prove her case before the trial court. He cited Supreme Court rulings such as Manju Ram Kalita vs. State of Assam and Renu Kumari vs. Sanjay Kumar to argue that the High Court should not quash the case prematurely.
Court’s Observations
The Gauhati High Court carefully examined the FIR and found no allegation of dowry demand. The Court also noted that the alleged obscene messages came from Rupesh’s mobile phone, but the police had not charge-sheeted him.
“Petty quarrels cannot be termed as ‘cruelty’ to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty.”
The judge added that each case of alleged cruelty must be seen in its own legal context, not stretched beyond the legislative intent.
“Quarrels between husband and wife or the demand of divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code.”
The Court also relied on the State of Haryana vs. Bhajan Lal principles to observe that when allegations are based only on suspicion and do not disclose any offence, the proceedings must be quashed.
Final Decision
Concluding that the case had no element of dowry harassment and the IT Act charge was purely speculative, the High Court allowed the husband’s petition and quashed the charge sheet and all proceedings in PRC Case No.946/2023.
“For the aforesaid reasons, this Court is of the opinion that this is a fit case for exercising power under Section 482 of the CrPC.”
The Court further ruled:
“Accordingly, the criminal petition is allowed. The charge sheet and the proceedings in respect of PRC Case No.946/2023… are quashed and set aside.”
Conclusion
This judgment reinforces that Section 498A IPC cannot be misused to penalize ordinary marital disagreements or when the husband seeks divorce. It draws a clear legal boundary that dowry-linked cruelty is punishable, but not every domestic conflict qualifies as a criminal offence.
The Gauhati High Court’s ruling sends a strong reminder that the law against cruelty in marriage must be applied strictly within its original intent — to stop dowry-related abuse, not to punish strained relationships or emotional conflicts between spouses.
Explanatory Table of Laws and Sections Referred
| Statute / Law | Section | Meaning / Provision Summary | Relevance in the Case |
|---|---|---|---|
| Indian Penal Code (IPC) | Section 498A | Protects married women from cruelty by husband or his relatives, especially for dowry-related harassment or physical/mental torture likely to cause grave injury or suicide. | The wife accused her husband’s family of mental cruelty. The Court held that mere quarrels or divorce demands do not amount to cruelty unless linked to dowry. |
| Information Technology Act, 2000 | Section 67 | Punishes publishing or transmitting obscene material in electronic form. | Wife alleged she received vulgar messages from a domestic servant; claimed the husband’s family sent them. Court found no evidence — charge based on suspicion only. |
| Code of Criminal Procedure (CrPC) | Section 482 | Gives High Courts inherent powers to quash criminal proceedings to prevent abuse of process or to secure justice. | Used by the husband and relatives to get the false case quashed. Court exercised its power to stop misuse of criminal law. |
| Code of Criminal Procedure (CrPC) | Section 401 | Gives revisional jurisdiction to High Courts to examine correctness or legality of any finding by subordinate courts. | Cited along with Section 482 as the procedural basis for the quashing petition. |
| Indian Penal Code (IPC) | Section 34 | When a criminal act is done by several persons with common intention, each is liable as if the act were done by him alone. | Added by Magistrate in the charge; Court held no shared intent or act of cruelty existed. |
| Supreme Court Precedents | Manju Ram Kalita v. State of Assam (2009) 13 SCC 330 | Explained that “petty quarrels cannot be termed as cruelty.” | Gauhati HC quoted this directly to justify quashing the case. |
| Supreme Court Precedents | Renu Kumari v. Sanjay Kumar (2008) 12 SCC 346 | Clarified limited use of Section 482 CrPC – to prevent abuse of court process or secure justice. | Relied upon to emphasize that quashing should be used carefully, but warranted here. |
| Supreme Court Precedents | State of Haryana v. Bhajan Lal, AIR 1992 SC 604 | Laid down seven categories of cases where criminal proceedings can be quashed. | Gauhati HC followed these principles to conclude that the case was “based on suspicion, not evidence.” |
Case Summary
- Court Name: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
- Case Title: Abhishek Sureka and 3 Others vs. State of Assam and Another
- Case Number: Criminal Petition No. 808/2023
- Coram / Bench: Hon’ble Mr. Justice Parthivjyoti Saikia
- Date of Hearing: 11 February 2025
- Date of Judgment: 13 March 2025
- Petitioners: 1. Abhishek Sureka2. Jagadish Prasad Sureka3. Manju Devi Sureka4. Dewki Devi Sureka
- Respondents: 1. The State of Assam2. Smt. Wagisha Sureka
- Petition Filed Under: Section 482 CrPC read with Section 401 CrPC (Power to Quash Proceedings)
- Trial Court Case: PRC Case No. 946/2023 arising out of Tinsukia P.S. Case No. 20/2021
- Trial Court: Sub-Divisional Judicial Magistrate (S), Tinsukia
- Advocates for Petitioners: Mr. Bhaskar Dutta, Senior AdvocateMr. Jitendra DasMr. Sailendra Deka
- Advocates for Respondents: Mr. G.N. Sahewalla, Senior AdvocateMs. S. Todi and team
- Final Decision: Criminal Petition Allowed — Charge Sheet and Proceedings Quashed
- Date Cited Case Law: Manju Ram Kalita v. State of Assam, (2009) 13 SCC 330Renu Kumari v. Sanjay Kumar, (2008) 12 SCC 346State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Legal Insight
The Gauhati High Court reaffirmed that not every domestic dispute is a criminal offence. Unless the allegations involve dowry-related cruelty, Section 498A cannot be invoked. The Court’s ruling protects spouses from misuse of 498A and upholds the true legislative intent — to prevent dowry abuse, not punish emotional differences.
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