Allegations under Sections 498A and 506(i) of IPC must meet specific legal thresholds; trivial claims do not warrant prosecution.

ORDER

This petition has been filed to quash the proceedings in C.C.No.63 of 2022, on the file of the learned Judicial Magistrate, Harur, thereby taken cognizance for the offences punishable under Sections 506(i), 498A of IPC as against this petitioner.

2. The petitioner got married to the second respondent on 21.06.2012 and gave birth to a male child. While being so, they have misunderstanding between them due to which, the second respondent lodged complaint alleging that the petitioner verbally abused the defacto complainant and accusation against her chastity with relatives and refused to give her dresses and son’s dresses. On receipt of the said complaint, the first respondent registered the FIR in Crime No.10 of 2021 and after completion of investigation, they filed final report and the same has been taken cognizance in C.C.No.63 of 2022 for the offences punishable under Sections 506(i) & 498A of IPC, by the trial Court. To quash the said criminal proceeding, the petitioner filed the present petition.

3. The learned counsel appearing for the petitioner submits that no offence is made out as against the petitioner as per the allegation levelled as against him. Due to their wed lock, they have birth to a male child on 23.04.2013. During their marriage, the parents of the second respondent did not give any sridhana articles. In fact, the petitioner is a software engineer and earning decent salary from the reputed multinational company at Bangalore. As a husband, he discharged his marital obligations and also taking care of her in all needs. While being so, the second respondent without going to any job, addicted with alcohol. She always used to speak with her boy friends and uploaded the videos on instagram. She had illicit relationship with one Nivek Nishanth. When it was came to the knowledge, the petitioner questioned the same. Therefore, immediately the second respondent in order to escape from the clutches of law lodged the complaint. Even as per the allegation levelled in the charge sheet, the offence under Section 498A of IPC is not at all attracted as against the petitioner. That apart, the second respondent also filed domestic violence complaint and it is also pending. She also filed a divorce petition in H.M.O.P.NO.26 of 2021 and it is pending on the file of the Sub Court, Harur.

4. Per contra, the learned counsel appearing for the second respondent submitted that the second respondent has friends only and the petitioner wrongly understood that she is having illicit relationship with them. He wrongly suspected her fertility and without any reasons quarrelled with the second respondent. Further, the petitioner used the password of the second respondent cell phone and without her permission he had taken the photographs from her cell phone. It was amount to interference with the personal liability of the second respondent. Therefore, there are specific allegations as against the petitioner to attract the charge under Sections 498A and 506(i) of IPC and hence she prayed to dismiss the quash petition.

5. The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that after completion of investigation, they filed final report and the same has been taken cognizance for the offences punishable under Sections 498A and 506(i) of IPC. He further submitted that all the grounds raised by the petitioner can be considered only during the trial.

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. The petitioner is a sole accused and he is facing charges for the offences punishab