IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA, J.
Sri Viveka P. K., S/o Kaverappa P. M – Appellant
Versus
The State Of Karnataka – Respondent
Criminal Petition No. 1364 of 2023
Decided on : 03-09-2024
| Table of Content |
|---|
| 1. the initial complaint sets the context of the case. (Para 1) |
| 2. factual background of registration of crime (Para 2 , 3) |
| 3. court's consideration of evidence (Para 4 , 7) |
| 4. claims of abuse of legal process (Para 5 , 6) |
| 5. analysis of complaints and malafide intent (Para 9 , 16) |
| 6. judicial precedents supporting quashing complaints (Para 10 , 14 , 15) |
| 7. resulting legal conclusions to quash proceedings. (Para 11) |
| 8. judicial observations on the implications of the complainant's actions. (Para 12) |
| 9. final decision quashing the complaint (Para 21) |
ORDER :
The petitioners are before this Court calling in question registration of a crime in Crime No.48 of 2022 registered for offences punishable under Sections 323 , 498A, 504, 506 and 149 of the IPC pending before the Civil Judge and JMFC, Kushalnagar.
2. Facts, in brief, germane are as follows:-
Accused No.1/petitioner No.1 is the husband; accused No.2, mother in law; accused No.3, father-in-law; accused No.4, grandmother and accused No.5, brother-in-law of the complainant. It is the averment in the petition that when the 1st petitioner was working with Virgin Coffee Private Limited during the year 2019, the 2nd respondent had contacted him in connection with business transactions/sale of coffee. Since then, it is the claim of the complainant, that she dealt with agro-products such as spices and coffee and had a company named Deepika Enterprises.
3. The story fast forwards to three years. On 28-08-2022, it appears that the 1st petitioner meets the complainant for the first time in Hotel Lalit Mahal Palace, Mysore in connection with a business transaction. It is then, the relationship of the 1st petitioner with the complainant blooms. On 08-09-2022, the 2nd respondent registers a complaint alleging offences punishable under Section 3 76 of the IPC barely after 15 days of the aforesaid meeting and blooming of the relationship. On 19-09-2022, it appears that the 2nd respondent registers another complaint where it is alleged that the 1st petitioner married her by appearing before the Sub- Registrar at Sakleshapur; the alleged incident had taken place on 15-09-2022 and she was abandoned in the intervening period. The impugned crime comes to be registered on 22-09-2022 before the Kushalnagar Town Police Station for the offences afore-quoted. The registration of crime has driven the petitioners to this Court in the subject petition.
4. Heard Sri Murthy D.Naik, learned senior counsel appearing for the petitioners and Sri B.N. Jagadeesha, learned Additional Special Public Prosecutor for respondent No.1. The 2nd respondent who appears in person has been absent continuously. This Court noting her absence, on 05-03-2024 listed the matter on 21-03-2024. Again on 21-03-2024, the matter was adjourned. On 28-08-2024, this Court heard the learned senior counsel for the petitioners and recorded his submissions. As a last chance, the matter was adjourned to 31-08-2024. On 31-08-2024, again there was no representation of the 2nd respondent. The matter was directed to be listed on 03-09-2024. Even on 03-09-2024, there was no representation of the 2nd respondent. Therefore, the learned senior counsel for the petitioners and the learned Additional State Public Prosecutor were heard and all available materials on record are perused.
5. The learned senior counsel for the petitioners would project gross abuse of the process of law by the 2nd respondent in registering crime after crime against different men. It is his submission that if it is viewed in a proper perspective, the 1st petitioner would be the victim of 10th crime registered by the complainant. He would submit that all documents are placed on record depicting crimes so registered by the 2nd respondent against several other persons including the 1st petitioner for offences punishable under Section 498A of the IPC that is now alleged. The learned senior counsel would submit that there is not even a speck of ingredient of the offences and the
The court emphasized the need to prevent abuse of the legal process, highlighting that repeated frivolous complaints undermine genuine grievances, thus quashing the registration of offenses against t....
General and unsupported allegations in matrimonial disputes cannot sustain criminal charges against relatives; specific acts must be demonstrated to justify prosecution.
Point of Law : Section 498-A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A IPC is a co....
Point of law : If the allegations themselves are so absurd that no reasonable man would accept the same, the High Court could not have thrown its arms in the air and expressed its inability to do any....
The court emphasized the need for specific allegations in matrimonial disputes to avoid misuse of legal provisions by upholding false accusations against distant relatives.
Legal provisions must not be misused against family members absent specific allegations; vague claims do not sustain prosecution.
Allegations under Section 498A must meet specific legal thresholds; trivial irritations do not constitute cruelty, and misuse of legal provisions in matrimonial disputes is subject to quashing.
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
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