The Karnataka High Court recently quashed proceedings under section 498A (cruelty to women) of the Indian Penal Code (IPC) initiated against a husband by his wife for not consummating their marriage. The reason she gave was that his husband follows the teachings of the sisters of the Brahmakumari Samaja.
Justice M Nagaprasanna said that though the facts presented in the case, clearly demonstrate to cruelty, it doesn’t mean the proceedings should be dragged further.
“Finding no ingredients even against the husband, the proceedings if permitted to continue would degenerate into harassment, become an abuse of the process of law and ultimately result in miscarriage of justice,” the order stated.
Furthermore, the Court didn’t find any case made out against the parents-in-law as they never even stayed with the couple.
The petitioner had moved the Court seeking quashing of the Case against him for the offence of cruelty and other offences under the Dowry Prohibition Act.
The marriage of the petitioner and the complainant couple fell apart in a short time span as the wife only stayed in the matrimonial home for 28 days.
The wife simultaneously filed the instant criminal case against the husband and a plea under the Hindu Marriage Act to seek annulment of marriage on the ground of cruelty. The court allowed the latter in November 2022.
The petitioner argued that the allegations did not complete the requirements defined under Section 498A.
The complainant also claimed that whenever she approached him, he was always found watching Brahmakumari sister videos. She told the court further that he always told her that he has no interest in a physical relationship.
No any allegation pertaining to the demand of dowry was made against the husband.
After considering these facts, the Court noted that the grievances of the petitioner against her husband were trivial in nature.
Then the Court added, “In matrimonial cases, the Apex Court has time and again directed that unless the offences are found albeit prima facie, such proceedings should not be permitted to continue.”
As a result, the petition of the husband was allowed and the criminal case against him was quashed.
Advocated MRC Manohar represented the petitioner. On the other hand, the respondents were represented by HCGP KP Yashodha and Advocate KS Karthik Kiran.
Source: https://www.barandbench.com/news/litigation/karnataka-high-court-quashes-498a-proceedings-husband-not-consummating-marriage
