In a recent ruling, the Karnataka High Court has dismissed a criminal case against a woman charged under Sections 498-A, 323, 504 read with Section 149 of the Indian Penal Code (IPC). The Court cited “omnibus allegations” of physical and mental harassment made by the complainant against her sister-in-law, stating that the accusations were vague and general in nature. The decision was made by a single judge bench, presided by Justice Mohammad Nawaz, who allowed the petition filed by the accused woman.
The court said, “In the statements of the mother and brothers of the complainant, there are no specific and distinct allegations made against the petitioner.”
The complainant accused her husband and in-laws of subjecting her to physical and mental cruelty in relation to dowry. The complaint alleged that a few months after the marriage, the husband and in-laws began to quarrel with the complainant on trivial matters, and they subjected her to physical and mental abuse, and also coerced her to bring dowry. Furthermore, it was claimed that upon the complainant’s return from her parental home after childbirth, her brother-in-law attempted to outrage her modesty by pulling her saree and using abusive language towards her.
Referring to the Supreme Court’s ruling in the case of Kahkashan Kausar vs. State of Bihar (2022) 6 SCC 599, the Court cited that it would be unjust to subject the accused to trial without any specific role attributed to them. The Supreme Court held that such a trial leading to acquittal inflicts severe damage to the accused and should be discouraged. The Court emphasized that the trial should not be imposed on the accused without any evidence of their involvement, as it may lead to unnecessary trauma and harassment.
The Court acknowledged the joint memo filed before the trial court concerning an application for maintenance, stating that the complainant and her children had been taken back by her husband, who has assured to look after their welfare and well-being. The Court recorded that the case has been disposed of as not pressed. It further observed that the husband’s application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was also disposed of as not pressed after filing a memo, which stated that the matter has been resolved with the intervention of elderly persons, and the respondent-wife has returned to live with her husband.
“In the above facts and circumstances, criminal proceedings pending against the petitioner is nothing but an abuse of process of the Court and the same deserves to be quashed,” the court said.
Case Title: G And State of Karnataka
Case No: CRIMINAL PETITION NO. 104244 OF 2022
Appearance: Advocate Vishwanath S Bichagatti for petitioner.
HCGP T.Girija S Hiremath for R1.
Advocate K.K.Teragundti for R2
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