Rajesh Pandey
While quashing a case of cruelty lodged by wife against her husband, the Allahabad High Court has held that demanding sexual favour from his own wife will not amount to cruelty. “If a man would not demand sexual favour from his own wife and vice-versa, where they will go to satisfy their physical urges in a morally civilized society”, the court added.
Allowing a petition filed by husband Pranjal Shukla, Justice Anish Kumar Gupta quashed the criminal proceedings of demand of dowry lodged by his wife, which was pending against the petitioner before the court below at Gautam Budh Nagar, saying that the dispute arose from the “sexual incompatibility” of the couple and has nothing to do with the demand of dowry.
In the present criminal case, the wife had alleged that the man made dowry demands, subjected her to torture and performed unnatural sexual activities.
However, from the close scrutiny of the FIR as well as the statement of the victim, the court found that the torture or any assault, if any, is meted out not for any demand of dowry but on refusal of the wife, who is opposite party no- three in this case, to fulfil the sexual urges of the applicant – husband”, the court added.
The court further added, “It is apparent that the dispute is with regard to the sexual incompatibility of the parties for which the dispute was there between the parties and due to the said dispute the instant FIR has been lodged.”
The couple got married in 2015, after which the man and his family allegedly made dowry demands from the woman. She alleged that on non-fulfilment of the dowry demands, she was abused and assaulted.
The wife also stated that her husband was addicted to alcohol and had demanded unnatural sex from her. She further alleged that he frequently watched porn films and used to roam around nude before her and masturbate. When she objected to such acts, her husband allegedly tried to strangle her.
She claimed that her husband went to Singapore, leaving her behind with her in-laws. After eight months, when she went to Singapore, she was again tortured by her husband.
In this backdrop, a criminal case was registered against the husband and his family members under sections 498A (demand for dowry) and other sections of Indian Penal Code, 1860 and sections 3 and 4 of dowry prohibition Act, 1961 at police station – Mahila Thana at Gautam Budh Nagar. Subsequently, chargesheet was filed against the applicant- husband on April 20, 2019. The court below took congizance of the chargesheet and issued summons to the husband on May 30, 2019.
Aggrieved, the husband and in-laws have moved the present quashing plea before the high court.
The court was of the view that the wife made general and vague allegations of being tortured by her husband and in-laws.
“In any of the event, no injury has ever been sustained by the wife. Thus, from the facts of the case, in the considered opinion of this court, by no stretch of imagination it can be said to be an offence of cruelty in terms of section 498-A I.P.C. There is no averment with regard to any specific demand of dowry made by any specific person except the general and vague allegations,” the court observed in its judgment dated October 3, while quashing the case.
