Source: Times of India

Why in News?  

In the matter of Rameshbhai Danjibhai Solanki v. State of Gujarat, the Gujarat High Court has held that a woman can file a case of bigamy and cruelty under Section 494 and Section 498A of the IPC even after divorce, but only for incidents that took place while the marriage was subsisting.  

Background 

• The present matter deals with a petition filed under Section 482 of the CrPC for quashing and setting aside of the First Information Report (FIR) for offences punishable under Sections 498(A), 294(b), 323, 114, 506(2) and 494 of the IPC. 
• Marriage between the petitioner (husband) and the respondent/complainant (wife) was solemnized in 2005 and a petition for divorce was filed in 2011 in the Family Court. 
  
  • The Family Court granted divorce to the couple in 2014 after examining the evidence on record which attained finality on account of not being challenged in superior courts within the time limit prescribed for appeal. 
• The present FIR was filed on 26.12.2015. 
  
  • The FIR indicated that the respondent/complainant, without mentioning the time, date and place of the incidents/offences, alleged ill-treatment, cruelty and harassment. 
  • However, no specific incident was alleged in FIR, nor did she mention the way in which she was physically or mentally harassed by the petitioners.  

Court’s Observation 

Justice Jitendra Doshi while quashing the FIR held that cases for cruelty cannot be filed in respect of offences or incidents that take place after a competent court grants divorce and dissolves the marriage. 

Cruelty 

• Cruelty in matrimonial relations - It means a matrimonial act that causes pain and distress of any kind such as physical, mental, or economical to others. 
• What constitutes cruelty cannot be determined by a strait jacket formula; rather it depends on time, place, person, facts and circumstances of the case. 

First Information Report  

• FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence. 
• The information can be provided under Section 154 (1) of CrPC to the officer in charge of a police station. 
  
  • In case the officer in charge of a police station refuses or declines to take down such a report it can be sent to, in writing and by post, to the Superintendent of Police concerned under Section 154(3) of CrPC. 
• An FIR can be quashed under Section 482 of CrPC by the High Court. Regarding the same, important principles have been laid down by the SC in the case of Madhu Limaye v. The State of Maharashtra (1977) which are as follows: 
  
  • If there is a specific provision in the CrPC to redress the grievances of the aggrieved party, the aid of Section 482 is not to be taken. 
  • Quashing should be exercised sparingly and to ensure that abuse of process of any Court does not take place or otherwise to secure ends of justice.  
  • The express bar of the law provided in any other provision of the code, or any other law bars the court from taking action under Section 482 CrPC. 

Indian Penal Code, 1860  

The present matter pertains to FIR filed under the following provisions of the IPC: 

• Section 114 - Abettor present when offence is committed — 
  Whenever any person who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 
• Section 294 - Obscene acts and songs  
  Whoever, to the annoyance of others -  
  (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 
• Section 323 - Punishment for voluntarily causing hurt — 
  Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 
• Section 494 - Marrying again during lifetime of husband or wife. 
  Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.  
  Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 
• Section 498A - Husband or relative of husband of a woman subjecting her to cruelty.  
  Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.  
  Explanation —For the purposes of this section, “cruelty” means— 
  (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or  
  (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 
• Section 506- Punishment for criminal intimidation. — 
  Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;  
  If the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.