The Kerala High Court has determined that a Trial Court cannot proceed with a criminal prosecution under Section 498A of the IPC without prior sanction from the Central Government when the offence of marital cruelty is committed entirely outside India by an Indian national. Consequently, Justice A. Badharudeen has quashed the criminal proceedings against the husband under Section 498A IPC due to the absence of the required prior sanction from the Central Government as stipulated by Section 188 CrPC.
“In the instant case, it is perceivable that the entire allegations, which would attract offences under Section 498A of IPC alleged to be committed by the 1st accused is outside India, and the matter definitely would come with the ambit of Section 188 of Cr.P.C. Therefore, the present proceedings without obtaining prior sanction as contemplated under Section 188 Cr.P.C. is vitiated.”
The husband petitioned the High Court to quash the final report filed against him, arguing that the required sanction from the Central Government under Section 188 CrPC had not been obtained to initiate criminal prosecution. He asserted that all allegations of marital cruelty took place while the complainant was living with him in Australia.
On analyzing Section 188 CrPC and Apex Court judgment in Sartaj Khan v. State of Uttarakhand, the Court held that there was no necessity of any sanction if a part of the offence was committed in India. “At the same time, if part of the overt acts or at least one instance among the overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases,” clarified the Court.
In this case, the Court found that all allegations against the husband took place while they were living in Australia. As a result, it ruled that the offence could not be investigated or tried without prior sanction from the Central Government. Consequently, the Court quashed the criminal proceedings against the husband.
