Karnataka HC Deletes Observations In Order Allowing Husband To Initiate Criminal Proceedings Against Wife For Malicious Prosecution U/S 498A IPC

The Karnataka High Court on Wednesday deleted the observation made by it in its order dated June 28 2024, permitting a husband to initiate criminal proceedings for malicious prosecution, under Section 211 of the IPC (Falsely accuse others of committing an offence) against his estranged wife.

A single judge bench of Justice M Nagaprasanna passed the order on an application made by the wife, seeking to recall the order. The court said “The judgment is not rendered without hearing parties therefore recall of the judgment would not arise, the only relief in the said application that can be granted is this court has observed or granted liberty to the husband to initiate malicious prosecution against the wife for the reasons indicated in the order.”

It added, “The said observation of the permission being granted for initiation of malicious prosecution stands deleted from the order. If any malicious prosecution proceedings are initiated by the husband on the strength of the said order it shall stand obliterated.”

The court had made the observation earlier while allowing the petition filed by the husband and quashed the criminal proceedings initiated against him under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The wife had claimed that the husband was suffering from Human Papilloma-Virus (HPV), which is a sexually transmitted disease (STD).

On arriving at a conclusion that the complaint registered by the wife was frivolous, the court had said “If the facts narrated hereinabove are noticed and as observed, the complainant has, in gross misuse and abuse of the process of the law, has set the criminal law into motion. Therefore, it becomes a fit case where the husband must be given liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC. Liberty is thus reserved to the husband, for such action to be initiated in accordance with law, if he so desires.”

It was stated that the couple got married on 29-05-2020 and after two months the husband returned to the USA for work. In 2021 the husband visited India and filed a divorce petition and also filed a complaint before the jurisdictional Police against the wife alleging several acts. Subsequent to this the wife lodged the alleged complaint and after investigation, police filed its chargesheet.

The court had on going through the complaint and chargesheet had held, “If the contents of the complaint, summary of the charge and the statements are considered on the bedrock of necessary ingredients of Section 498A of the IPC, the allegation of the offence would tumble down like a pack of cards, as, no where it is indicative, of the fact that there is dowry harassment and cruelty by the husband or the members of the family of the petitioner.”

Considering that several appointments were booked for the wife to secure a visa to travel to the USA which she did not attend and then on getting the visa she refused to travel to the USA, the court had said, “Therefore, it is clearly a bogey projected by the complainant that the petitioner was not interested in getting her to the USA and had blocked all channels; but the documents speak otherwise. The attitude of the complainant also speaks for itself. Therefore, it is not a case where there is an iota of ingredient against the petitioner/husband for the offences punishable under Section 498A of the IPC or Sections 3 and 4 of the Act.”

It added, “It is misuse and abuse of the criminal justice system by the complainant right from the word go.”

It had also observed that the Court exercising jurisdiction under Section 482 of the Cr.P.C, has a duty to look into not only the complaint but all other attendant circumstances emerging from the record and if need be due care and circumspection be done, to read between the lines.

Thus the bench had held that the unmistakable conclusion is that, the complainant in gross misuse and abuse of law has set the criminal law into motion. Such frivolous cases registered by the wife have taken enormous judicial time, be it before the concerned Court or before this Court, and has led to enormous civil unrest, destruction of harmony and happiness in the society. It may not be that these would be the facts in every given case.

Accordingly, it had allowed the petition.

Citation No: 2024 LiveLaw (Kar) 291

Case Title: ABC AND State of Karnataka & ANR

Case No: CRIMINAL PETITION No.1803 OF 2023

Read Also | [S.498A IPC] Karnataka HC Allows Husband To Initiate Criminal Proceedings Against Wife For Falsely Accusing Him Of Cruelty, Claiming He Had HPV (livelaw.in)