In a recent legal development, the High Court of Karnataka, Kalaburagi Bench, deliberated on a petition filed under Section 482 of the Criminal Procedure Code, seeking to nullify charges leveled against ten accused individuals in a domestic dispute case.
The case, registered under Crime No. 133/2021 at Basavakalyan Town Police Station, pertained to alleged offenses punishable under Sections 341, 498A, and 504 of the Indian Penal Code.
Justice C M Joshi presided over the hearing, where detailed arguments were presented by the petitioners’ counsel and the State’s representative. The essence of the case revolved around the alleged harassment faced by the complainant, who is the wife of accused No. 1, subsequent to their marriage in 2014.
In the proceedings, the complainant accused her husband and his family members, particularly accused No. 2 (mother-in-law), of subjecting her to mental and physical torment. The allegations included demands for gold during ceremonial occasions, verbal abuse, threats of remarriage, and interference in childcare decisions. The complainant further claimed that the harassment persisted for seven years, leading to the unfortunate demise of her father amidst the tension.
Upon thorough consideration of the arguments presented, Justice Joshi weighed the validity of the allegations against each accused party. He noted the absence of specific and discernible accusations against accused Nos. 3 to 10, apart from vague references in the complaint. Justice Joshi emphasized this point, stating, “General and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial.”
Furthermore, the court highlighted the prevalent misuse of Section 498A of the IPC, commonly seen in cases where minor disputes between couples are exaggerated to implicate extended family members.
Justice Joshi underscored the importance of scrutinizing the genuineness of allegations to prevent unwarranted prosecution. In a nuanced ruling, the court granted partial relief to the petitioners. The charges against accused Nos. 3 to 10 were quashed, citing insufficient evidence and remote involvement in the alleged harassment. However, the trial against accused Nos. 1 and 2 was directed to proceed before the lower court.
Case Name: XXX Vs. STATE OF KARNATAKA
Case No: CRIMINAL PETITION NO.200827 OF 2022 (482)
Bench: Justice C.M. Joshi
Order dated: 28.03.2024
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