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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.NAGAPRASANNA
Karthik, S/o. Narayana Kamble – Appellant
Versus
State Of Karnataka, (Hosahalli Police Station), R/By State Public Prosecutor High Court Of Karnataka – Respondent
ORDER :
(M. NAGAPRASANNA, J.)
The petitioner is before this Court calling in question the proceedings in C.C.No.813/2018 pending on the file of the Principal Civil Judge and JMFC Court, Kudligi for the offences punishable under Section 4 98A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 .
2. Learned counsel appearing for the petitioner would submit that this Court has quashed the proceedings qua accused Nos.2, 3, 6 and 7 in Crl.P.No.102418/2021 and qua accused No.4 in Crl.P.No.101229/2020 and the present petitioner is accused No.5, who was a security guard in the house, who is also drawn into the web of crime for the offences punishable under Section 4 98A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 .
3. In the light of the order so passed quashing the proceedings against the other members of the family and present petitioner being a security guard in the house, I deem it appropriate to grant the benefit of such quashment to the present petitioner/accused No.5 as well.
4. This Court while quashing the proceedings qua accused Nos.2, 3, 6 and 7 in Crl.P.No.102418/2021 has held as follows:-
"9. The afore narrated facts are not in dispute. The relationship
General allegations in matrimonial disputes under Section 498A cannot warrant prosecution without specific roles attributed to individual accused, highlighting concerns over misuse of the law.
The court clarified that allegations against a husband must meet specific legal standards of cruelty while highlighting the misuse of matrimonial laws with generalized accusations against in-laws lac....
Proceedings under Section 498-A IPC quashed due to vague allegations deemed retaliatory in a matrimonial dispute, emphasizing the need for substantial evidence to uphold such claims and prevent abuse....
The judgment emphasizes the need for careful scrutiny of allegations in matrimonial cases, especially under section 498A of the IPC, to prevent misuse and protect innocent parties from prolonged tria....
The judgment emphasizes the need for specific allegations in cases involving Section 498A of the Indian Penal Code and cautions against false implications by way of general omnibus allegations.
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
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