Criminal Case Filed By Wife Accusing Husband, In-Laws Of Cruelty Loses Its Significance If Lodged After His Divorce Notice: Karnataka High Court

The Karnataka High Court recently quashed a First Information Report (FIR) registered by a woman alleging cruelty and dowry harassment, against her in-laws and other relatives of the husband.

A single judge bench of Justice S Rachaiah, sitting at Kalaburagi bench, allowed the petition seeking quashing of the case and said:

“The criminal case filed by the wife, alleging cruelty, dowry harassment against the husband and in-laws loses its significance, in case the complaint is made, after receiving the divorce notice from her husband.”

The petitioners in the case were parents, brother and sister in law of the man whose wife alleged that there was a continuous harassment by the in-laws by one or the other pretext and always used to insist her to go and stay with her husband in Pune. Being frustrated by the harassment of her in-laws, she decided to go along with her husband. Accordingly, the husband took her to Pune, with a condition that she should not call any of her relatives to Pune.

Later, the woman made several allegations, inter-alia, the specific allegation made out against all the petitioners that on 22.12.2018 at about 10.30 p.m, when she and her parents were about to sleep after having dinner, the accused No.1 (Husband) came to their house and called her to come out. On hearing the voice, she opened the door, by that time all the accused persons entered into the house and assaulted all the family members and scolded them in a filthy language. Hence, the woman lodged the complaint.

The petitioners contended that there are omnibus allegations made out against them which are considered as absurd and frivolous. Even on reading the complaint at its entirety, no prima-facie case is made out against them, the court was told. The prosecution opposed the plea.

On going through the complaint the bench said it contains several allegations against the petitioners.

"However, till 25.12.2018, she has not lodged any complaint against the in-laws. In the complaint there is a specific allegation about assault made out against all the petitioners. However, it appears that the allegations are omnibus and absurd in nature and the said allegations are not sufficient to invoke the provisions as stated supra," it added

The court said unless there are no allegations made out against each petitioner independently, it cannot be construed that the petitioners have committed the offence

Taking into account the submission of the petitioners that the husband  had filed divorce petition on 17.12.2018 at Solapur Family Court, the court said that as a token of retaliation, she filed a complaint against all the petitioners.

“Hence, it is a fit case to exercise the inherent jurisdiction to quash the proceedings,” said the court.

Case Title: NG & others And State of Karnataka & ANR

Case No: CRL.P.NO.201257/2019 C/W CRL.P.NO.200660/2019

Citation: 2023 LiveLaw (Kar) 190

Date of Order: 18-04-2023

Appearance: Advocate Liyaqat Fareed Ustad for petitioners.

HCGP Sharanabasappa M Patil FOR R1.

Advocate Basavaraj R Math For R2.

Click Here To Read/Download Order