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Swapan Kumar Das @ Swapan Das & Anr vs State Of West Bengal & Anr on 21 August, 2023 cites

T.T.Antony vs State Of Kerala & Ors on 12 July, 2001

21. "Cruelty" for the purpose of Section 498-A IPC is to be established in the context of Section 498-A IPC as it may be different from other statutory provisions. It is to be determined/inferred by considering the conduct of the man, weighing the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide, etc. It is to be established that the woman has been subjected to cruelty continuously/ persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be terms as "cruelty" to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty. Learned Advocate for the appellant also cited a decision of Hon'ble Supreme Court passed in T.T. Antony Vs. State of Kerala and Ors. reported in (2021) 6 SCC 181 on the principle that the second FIR lodged by the de-facto complainant is not permissible in the eye of law. It is the argument of the Learned Advocate for the petitioner that Hon'ble Supreme Court in T.T. Antony has specifically clear the view that the information of a cognizable offence shall be given rise to a criminal proceeding u/s 154 of Cr.P.C that would be better term as FIR. The subsequent information in respect of selfsame occurrence cannot allow the police to register a separate case but it is the duty of the police to record such incident as the part of the investigation u/s 162 of the Cr.P.C. The relevant paragraph of T.T. Antony are set as follows
Supreme Court of India Cites 50 - Cited by 980 - S S Quadri - Full Document
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