[S.498A IPC] Scores Of Cases Where Husband's Family Is Dragged Into Web Of Crime By Frivolous Complaints Of Wife, Must Be Nipped In The Bud: Karnataka HC

The Karnataka High Court has quashed a case under Section 498-A of the Indian Penal Code registered by a woman against her father and mother-in-law.

A single judge bench of Justice M Nagaprasanna while allowing the petition filed by C B Prakash and another said “There are scores and scores of cases where allegations are made that have pointed overt acts by every member of the family which are sustained and further trial is permitted. There are even scores and scores of cases where every member of the family without rhyme or reason is dragged into the web of crime by frivolous complaints registered by the complainant/wife while the entire grievance is against the husband and every imaginary member of the family is dragged in. It is these cases which are to be nipped in the bud.”

It was stated that the marriage between accused No.1 (husband) and the complainant took place on 24-10-2021 and after about two months of marriage, the accused No.1 flew to Germany for his work. It was stated that due to this, the relationship between accused No.1 and the complainant floundered and the floundering of the relationship resulted in a complaint being registered.

The petitioners had argued that there were no ingredients in the complaint which would lead as a foundation for the offences punishable under Section 498A and Sections 3 and 4 of the Act qua the petitioners. All the allegations and grievances against accused No.1/husband and the father-in-law and mother-in-law have nothing to do with the squabble between the husband and the wife, it was submitted.

The complainant opposed the plea saying there are clear allegations against all the accused. Overt acts are specifically indicated in the complaint which would definitely become the ingredients of Section 498A of the IPC.

The prosecutor submitted that as against accused No.1/husband the Police have already filed their charge sheet. He left the decision to the hands of the Court, as even according to him, on the finding in the charge sheet there was nothing that would touch the ingredients of Section 498A of the IPC in respect of the petitioners.

Findings:

The bench on going through the complaint noted that in the entire narration of the complaint, it is only in the penultimate paragraph, that the names of the petitioners came up, not for any ingredients of offences punishable under Section 498A of the IPC, but only for omnibus hurling of abuses.

No specific overt act is indicated in the complaint qua these petitioners as the entire narration in the complaint is the squabble between the husband and the wife, the Court observed.

Referring to the chargesheet filed against the husband by the police, the court said “Though investigation has not taken place against these petitioners, there is no statement recorded that would touch upon the ingredients of Section 498A of the IPC. An omnibus statement cannot result in permitting investigation or a criminal trial against the father-in-law and mother-in-law on false allegations.”

Accordingly, it allowed the petition and said “There is no allegation against these petitioners, permitting further investigation would become an abuse of the process of law and result in miscarriage of justice.”

It clarified that the observations made in the course of the order were only for the purpose of consideration of the case of petitioners under Section 482 of Cr.P.C. and the same shall not bind or influence the proceedings against the other accused pending before any other forum.

Appearance: Advocate Praveenkumar K S for Petitioners

HCGP Harish Ganapathi for R1.

Advocate Pruthveen Prahalad for R2.

Citation No: 2024 LiveLaw (Kar) 262

Case Title: C B Prakash & ANR AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 6995 OF 2022

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