IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Vimala N. W/o D. Nagaraju – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioners are before this Court calling in question registration of a crime in Crime No.92/2023 registered for the offences punishable under Sections 498A, 323, 504, 506, 114, 149 of the Indian Penal Code, 1860 ('the IPC' for short) and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Smt. Sukanya H.D. learned counsel appearing for the petitioners; Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1 and Sri. Roshan M.C., learned counsel appearing for respondent No.2.
3. The petitioners are accused Nos.4 and 5, distant relatives of accused Nos.1, 2 and 3. Respondent No.2 is the complainant. The complainant and accused No.1 get married on 11.12.2022. It transpires that soon after marriage, the relationship between accused No.1 and the complainant flounders. On floundering of the relationship, respondent No.2-complainant registers a crime, which becomes a crime in Crime No.92/2023 for the afore-quoted offences. The petitioners are also dragged into the web of crime. The dragging of the petitioners into the web of crime is what has driven these petitioners to this Court in the subject petition.
4. This Court had protected


Vague or generalized allegations in matrimonial disputes do not support criminal proceedings under IPC and Dowry Prohibition Act, necessitating specific instances for valid charges.
Cruelty and dowry offences – Criminal law must not be permitted to degenerate into instrument of oppression or personal vengeance.
(1) Cruelty – Term “cruelty” cannot be established without specific instances – Mere general allegations of harassment without pointing out specifics against such persons would not be sufficient to c....
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
Section 498A of IPC (Section 85 of BNS) is often being misused and Court must guard against it – Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead t....
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 against relatives in dowry cases must allege specific conduct; general allegations fail to establish a prima facie case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.