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 of the legal process.

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, petitioner – husband seeks quashing of the impugned proceedings in C.C.No.50676/2023 arising out of Crime No.258/2022 registered by the 1^st respondent – Police for offences punishable under Section 498-A IPC on the file of the XXIX ACMM, Mayo Hall, Bangalore, initiated by the 2^nd respondent – wife against the petitioner.

2. The brief facts giving rise to the present petition are as under:-

The petitioner – accused and 2^nd respondent – complainant got married in USA on 19.10.1999 and they have two children from out of their wedlock. In the year 2002, all of them relocated to Bangalore and are residing here. On 16.09.2022, the petitioner instituted divorce proceedings in M.C.No.5728/2022 against the 2^nd respondent for a decree for divorce and other reliefs and the said proceedings which are contested by the 2^nd respondent, who filed her statement of objections on 05.11.2022 are pending adjudication before the Family Court. Subsequently, the 2^nd respondent filed the impugned complaint on 08.11.2022 which was registered as an FIR in Crime No.258/2022 against the petitioner- accused No.1 and one Shilpa K.P. – accused No.2 for the alleged offences punishable under Section 498-A , 406, 506, 120-B r/w 34 IPC interalia alleging that the petitioner along with accused No.2 with whom he was having an extra marital affair had not only treated the complainant with cruelty but also cheated and stolen gold and silver jewelry, silver utensils etc., worth about Rs.1,50,00,000/- from the 2^nd respondent. In pursuance of the same, the 1^st respondent seized the aforesaid movables and conducted investigation and filed a charge sheet dated 03.02.2023 arraigning only the petitioner as the sole accused in C.C.No.50676/2023 by deleting / dropping not only accused No.2 from the array of accused but also restricting the proceedings only to an offence under Section 498-A IPC and deleting / dropping the remaining aforesaid offences.

2.1 The petitioner filed a claim application under Sections 451 and 457 Cr.P.C. seeking release of the aforesaid movables which was not only opposed by the 2^nd respondent who also sought for release of the said movables in her favour. By common order dated 27.03.2023, the Sessions Court allowed the claim application of the petitioner and rejected the claim application of the 2^nd respondent, thereby directing release of the movables in favour of the petitioner. Aggrieved by the impugned proceedings, petitioner is before this Court by way of the present petition.

3. Heard learned Senior counsel for the petitioner and learned Senior counsel for the 2^nd respondent as well as learned HCGP for the 1^st respondent – State and perused the material on record.

4. A perusal of the impugned complaint will indicate that insofar as the allegations relating to alleged commission of offence under Section 4 98-A is concerned, except general vague, bald and omnibus allegations, specific details and material particulars in this regard are conspicuously absent in the impugned complaint; in fact, the allegations made in the entire complaint revolve completely upon the alleged extra marital affair of the petitioner with one Shilpa K.P. and that both of them had stolen the movables of the 2^nd respondent and had intimidated her with common intention and were guilty of offences punishable under Sections 4 06 , 506, 120-B r/w 34 IPC ; in this context, it is relevant to state that after investigation, charge sheet has been filed only against the petitioner – sole accused by deleting / dropping accused No.2 – Smt.Shilpa K.P. as well as the alleged offences under Sections 4 06 , 506, 120-B r/w 34 IPC and the impugned proceed