The High Court of Jammu & Kashmir and Ladakh has made it clear that cruelty under Section 498A of the Indian Penal Code (IPC) doesn’t necessarily depend on the woman committing suicide or injuring herself. If the conduct of the husband or his relatives causes grave mental or physical harm, it is enough to constitute cruelty under the law.
This observation was made by Justice Sanjay Dhar while dismissing two petitions filed by the husband and in-laws of Amandeep Kour, who had filed an FIR under Sections 498A and 109 IPC, accusing them of severe harassment shortly after her marriage.
As per the FIR, Kour was married in 2021, and the initial days were cordial. But soon, she faced continuous mental and physical torture. Her husband allegedly left for Canada within days of the wedding, abandoning her. She was made to work like a servant for her in-laws and was even physically assaulted and threatened with death. Eventually, she was thrown out and left at her parental house with all her belongings.
Although the marriage was conducted without dowry by mutual consent, Kour stated she later faced harassment related to dowry and was insulted for her financial background.
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The accused sought to quash the FIR, claiming that the allegations were vague and lacked specific instances of cruelty or dowry demand. They relied on earlier Supreme Court rulings, including Shakson Belthissor v. State of Kerala (2009) and Digambar v. State of Maharashtra (2024), to argue that the FIR didn’t show the woman was driven to suicide or self-injury.
“An FIR is not an encyclopedia of the crime. Details surface during investigation,”
— Justice Sanjay Dhar
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The Court rejected the argument that the FIR was “omnibus” and lacked specifics. Justice Dhar highlighted that Kour’s seven-page statement under Section 161 CrPC contained detailed incidents with dates, descriptions of beatings, threats, and abandonment. Her version was further backed by witness statements.
While interpreting Explanation (a) of Section 498A IPC, the Court stated:
“Conduct that causes grave injury or danger to the life, limb or mental or physical health of a woman amounts to cruelty — even if it does not lead to suicide or self-harm.”
It was observed that leaving a woman soon after marriage, making no arrangements for her to join the husband abroad, and using her like a housemaid clearly inflicted serious mental and physical trauma.
“These acts clearly amount to grave injury or danger to health (mental and physical) of the complainant. The same fulfils the ingredients of offence under Section 498A IPC.”
— Justice Sanjay Dhar
In conclusion, the Court found enough material in the FIR and accompanying records to support the allegations and dismissed both petitions. The ruling reinforces that cruelty under Section 498A IPC extends beyond suicidal outcomes, protecting women from all forms of serious harm.
Case Title: Ranjit Kour & Another Vs UT Of J&K
