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MOHAMMAD NAWAZ
Gopika D/o Basavantappa Hosamani – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
This petition under Section 482 of Cr.P.C. is preferred to quash the proceedings pending in C.C.No.1034/2015 on the file of the Court of IV JMFC, Belagavi, in so far as the petitioner is concerned.
2. Charge-sheet is filed against accused Nos.1 to 7 for offences punishable under Sections 498-A, 323, 504 read with Section 149 IPC. The petitioner is arraigned as accused No.3 in the charge-sheet.
3. Complaint is lodged by one Arathi Channagouda Hosamani against her husband and in-laws alleging physical and mental torture by them in connection with dowry etc. It is averred in the complaint that her marriage with accused No.1 was performed about 3 years prior and she was looked after properly only for about 3 to 4 months. Thereafter, her husband and in-laws started picking up quarrel with her for petty reasons, abused her physically and mentally and coerced her to bring dowry. It is further alleged that when she returned from her parental home after delivery, her brother-in-law attempted to outrage her modesty by pulling her saree and abused her etc.
4. Petitioner is the sister-in-law of the complainant. Omnibus allegations are made that the accused persons including the petitioner
In cases arising from matrimonial disputes, vague and general allegations without specific attribution do not justify subjecting relatives of the main accused to trial.
The allegations under Section 498-A IPC must be specific; general or vague allegations do not warrant criminal proceedings, protecting against misuse.
The court emphasized the need to curtail vague and omnibus accusations in dowry harassment cases and prevent the abuse of the court's process.
Vague and general allegations in domestic violence cases cannot sustain criminal prosecution; specific instances of harassment must be presented against each accused.
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