Andhra Pradesh: The Andhra Pradesh High Court has held that taunting a woman for not being able to conceive does not constitute sufficient grounds to sustain proceedings under Section 498-A of the IPC or Sections 3 and 4 of the Dowry Prohibition Act against sisters-in-law who live separately.
Justice Harinath N delivered the judgment in Criminal Petition No. 4896/2023 filed by the parents and sisters of the first accused, seeking quashing of the proceedings in CC No. 623 of 2023, pending before the Judicial Magistrate of First Class, Srikakulam.
The court addressed the petition filed by accused numbers 2 to 5, wherein the third and fourth petitioners (sisters of the husband) contended that they had been living separately after their respective marriages, in different cities and parts of the country, and had no involvement in the marital dispute.
Upon examining the complaint and witness statements, the court observed: “The only allegation against petitioners 3 and 4 is that they taunted the third respondent for not conceiving.”
Emphasizing the vague nature of the allegations, the court stated: “Such vague allegations, without specific details as to the date and time of the alleged taunting, cannot withstand legal scrutiny. Taunting on the ground of not being able to conceive cannot, by itself, justify continuation of proceedings under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.”
Justice Harinath further noted that the sisters were residing separately from the marital home of the complainant: “Admittedly, petitioners 3 and 4, after their marriages, have been living away from the marital home of the first accused and the third respondent… They could not have been involved in any harassment of the third respondent.”
The court characterized the matter as one where “distant relatives of the first accused were being unnecessarily implicated to settle scores.”
Based on these considerations, the court partially allowed the criminal petition by quashing proceedings only against the third and fourth petitioners (sisters-in-law), while allowing the case to proceed against the remaining accused.
Case Title: Basuru Mani Bhushana Rao and Others vs. The State of Andhra Pradesh and Others
