Proceedings under Section 498A of IPC cannot be quashed because the marriage was not valid - Orissa HC

Case: Jaga Sarabu vs State of Orissa

A High Court in Orissa recently ruled that proceedings under Section 498A of the Indian Penal Code (IPC), which prohibits a husband from cruelly treating a wife, cannot be quashed because the marriage was not valid under Section 482 (inherent powers) of the Code of Criminal Procedure (CrPC).

In refusing to quash a case against a man, Justice G Satapathy said that it would be harsh for the woman if the accused man was allowed to plead the absence of valid marriage to escape liability.

The bench was hearing an appeal brought by a man challenging a March 2014 order issued by a Magistrate under Section 498A.

According to the order, a woman claimed to be the appellant's wife lodged a First Information Report (FIR) against him. She claims that the appellant harassed and tortured her physically and mentally during over 80 days of living with him in his village. She was even forced to starve.

Furthermore, the woman claimed that the appellant forced her to bring ₹50,000 from her father.

On the other hand, the appellant leaned on an order passed by a Family Court in 2016 in response to a plea filed by the woman under section 125 of the Code of Criminal Procedure (CrPC).

According to the Family Court, since the marriage was invalid, she cannot be considered the appellant's wife due to the invalidity of the marriage.

Judge Satapathy noted in his order that the allegations in the FIR and the statements of the woman met all the requirements for an offense under Section 498A.

The court said that the objective of Section 498A is to safeguard women from harassment or cruelty administered by their husband or their relatives.

The bench refused to quash the FIR with the above observations.