Karnataka High Court Quashes Husband's Complaint Alleging Wife Was Attempting To Murder Him And His Mother Using 'Black Magic'
The Karnataka High Court has quashed a complaint registered by a husband against his wife claiming she wanted to murder him and his mother using Black Magic.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by the wife and quashed the order of reference made for further investigation by the Magistrate court on the private complaint filed by the husband under sections 380, 411, 506, 307, 511 and 34 of the IPC and Section 3 of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.
The court said “It is trite law that the learned Magistrate prior to referring the matter for investigation on a complaint filed invoking Section 200 of the Cr.P.C. cannot do so mechanically. The order referring the matter for investigation should bear application of mind in order to nip frivolous cases being filed, at its bud. A perusal at the order of reference would not indicate even a semblance of application of mind. A plain and simple marital discord is dressed with black magic, theft and attempt to murder.”
Background
A private complaint was filed by the husband on 21-02-2023 before the Magistrate court which came to be referred for investigation under Section 156(2) of CrPC and FIR came to be registered.
The Counsel for the wife and her friend argued that the very registration of the complaint by the husband is an abuse of the process of law. For the attempt to murder, there is not even a titter of ingredients. The provisions of the Act are without rhyme or reason.
The husband countered the petition saying he saw so many WhatsApp chats between the wife and accused No.2, her friend in a conspiracy to kill the mother-in-law and the husband by practice of black magic. It is, therefore, the provisions of the Black Magic Act that are complained of. Since the wife and her friend had discussed on WhatsApp about finishing him and his mother, the offence under Section 307 is appropriately laid, it was argued.
Findings:
The court went through the complaint and the WhatsApp chats between the wife and her friend and said “The husband has registered the crime, as a counter-blast to what the wife has registered in Crime No.22 of 2023, (dowry harassment case) as the narration in the complaint of the husband is trying to connect the dots with regard to the theft of jewels and practice of black magic.”
Refusing to accept the contention that the wife had stolen money from the husband and handed it over to her friend as a 'supari' amount, the court noted that the complaint itself narrates that the theft happened in the year 2020 and also in the month of July 2021, while the complaint was filed in 2023.
It said “The husband narrates that he was shocked at the theft that happened 3 years ago. It looks like the impact of the shock has happened 3 years later.”
Referring to Section 3 of the Black Magic Act, the court said “The very schedule commences with the words 'Performing any inhuman, evil act and black magic'. Therefore, there should be completion of an act, as it reads “performing”. Clause (3) is beating and whipping to expel the ghost from any human body.”
Thus it held “If the schedule is pitted against the facts obtained in the case at hand, where from all these ingredients of the schedule spring for a complaint to be registered under the Act is ununderstandable. There is no act performed neither an attempt to perform any of the ingredients of the Black Magic Act. The Whatsapp chats are completely vague. Therefore, the husband has undoubtedly indulged in a proceeding, as a counterblast to the registration of the crime by the wife.”
Accordingly, it allowed the petition filed by the wife and quashed the prosecution.
The husband and mother-in-law had also sought to quash the complaint filed by the wife for offences punishable under sections 498A, 323 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The court on going through the records quashed the complaint against the mother-in-law but continued the proceedings against the husband.
Appearance: Advocate Siddharth B Muchandi for Petitioners.
HCGP Thejesh P FOR R1.
Senior Advocate C.V.Nagesh For Advocate Nagaraj R for R2.
Senior Advocate C.V.Nagesh For Advocate Madhur A Kalyanshetty for petitioner.
Citation No: 2024 LiveLaw (Kar) 375
Case Title: Mohammed Shahid & ANR AND State of Karnataka & ANR
Case No: CRIMINAL PETITION No.9653 OF 2023 C/W WRIT PETITION No.19687 OF 2023 (GM-RES) WRIT PETITION No.23864 OF 2023.