After Netflix featured couple divorce, Jammu & Kashmir High Court quashes cruelty case against husband's uncle

The High Court of Jammu and Kashmir and Ladakh recently quashed a cruelty case filed by a woman against her former husband's uncle after finding that the case was filed only to pressurise her in-laws into handing over jewelry and other belongings to her [Sumesh Chadha V/s UT of J&K and Anr.].Justice Rajnesh Oswal concluded that the cruelty case filed under Section 498A (which punishes cruelty to married women) of the Indian Penal Code (IPC) against the uncle appeared to be a misuse of the law. "It is evident that the petitioner has been arrayed as accused only to pressurize him to persuade his sister, nephew and brother-in-law to hand over the jewelry/articles to the complainant/respondent. This is also admitted fact that marriage between the respondent and her husband Kunwar Sood stands already dissolved," the Court noted in its order of March 13.Hence, it proceeded to quash the case. "In the facts and circumstances of the case, the continuance of the investigation against the petitioner shall be nothing but an abuse of process of law, particularly when no allegation against the petitioner in respect of commission of offences under section 498-A and 420 IPC, have been levelled," it reasoned. .The case was tied to the divorce of Kunwar Sood and Prerna Gupta, who had previously featured in a Netflix documentary series on Indian weddings, titled "The Big Day."The petitioner before the Court, Sumesh Chadha, was Sood's maternal uncle and was said to have tried to mediate the dispute between the couple before their relationship ended in divorce.Gupta, however, claimed that Chadha was responsible for a lot of the discord between her, her husband and her in-laws. Among other claims, she alleged that he had directly provoked her in-laws into carrying out acts of cruelty, humiliation and dowry demands, apart from acts of withholding her jewellery.She proceeded to file a criminal complaint in 2024 against Chadha. This was challenged by him before the High Court.Chadha's counsel pointed out that no allegation was levelled against him when the divorce was being finalised. Chadha added that even if the allegations levelled against him were taken at face value, they would not constitute the alleged offences under Sections 498A and 420 (cheating) of the IPC. Chadha's counsel added that the Supreme Court has repeatedly warned against implicating close relatives of husbands in cruelty cases without justification. Chadha also argued that he was implicated in the present case only to apply pressure as he had been nominated to hand over certain jewellery to his nephew's ex-wife (complainant). .The Court eventually allowed Chadha's plea to quash the criminal case against him."The Hon’ble Supreme Court of India time and again in its numerous decisions has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC," it added. .Advocates Sachin Gupta and Arsha Sharma appeared for Sumesh Chadha.Deputy Advocate General Pawan Dev Singh represented the State. Senior Advocate Pranav Kohli with Advocate Radhika Wahi represented Prerna Gupta. .[Read Order]