Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws

The Karnataka High Court has held that merely because the deceased had scribed that no one is responsible in the death note, a court, while relying on the same, cannot quash the proceedings initiated against husband and in-laws for charges of cruelty and dowry death.Justice M Nagaprasanna held thus while dismissing the petition filed by Vikas C V and others who are charged under Sections 498A (cruelty), 304B (dowry death) r/w Section 34 (common intention) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The bench said “It is rather unfortunate that the age-old menace of dowry death still exists in our society today. Though progression has happened on every front, the cases of this kind which project the menace of dowry death is regressive.” As per the prosecution case, the couple got married on 24-10-2019. A few months after marriage, the relationship between all these accused and the daughter of the complainant (father of the deceased) is said to have been strained and on the strained relationship, barely after 13 months of marriage, daughter of the complainant died by committing suicide. Following which the complainant registered a complaint on 24-10-2020 which was investigated and the police filed a chargesheet. The petitioners contended that daughter of the complainant, while committing suicide has left a death note. In the death note she blames none, but herself. It is therefore, the contention that neither the offence under Section 498-A nor 304-B of the IPC or even the offence under the Dowry Prohibition Act is met in the case at hand. Further, the petitioners are very well off, there was no necessity for these petitioners to demand dowry from the hands of the family of the 2nd respondent. Therefore, the proceedings ought to be quashed. The complainant opposed the plea submitting that her daughter has hanged herself in the bathroom and the reason for such hanging or commission of suicide is the action of the accused in harassing the daughter of the complainant for demand of dowry or otherwise. Thus, they have undoubtedly abetted the suicide of the daughter of the complainant, is the submission of the learned counsel for the complainant.Prosecution argued that though the death note does not indicate blameworthiness against any accused, he would contend that it is a matter of trial, as attendant circumstances that led to the death of the daughter of the complainant is to be tested in evidence. FindingsThe bench referred to Apex court judgment in Naresh Kumar v State of Haryana 2015 and said “Therefore, the submission of the learned counsel for the petitioner that the death note blames none and the law cannot blame them, is noted only to be rejected, as it is for the petitioners to come out clean in a full blown trial.” Noting that the relationship between the accused No.1 and the daughter of the complainant, after marriage, lasted only for one year. The court said, “Therefore, the death happens barely after a year of marriage. The emphasis that is laid by the counsel learned for the petitioners is, that they are themselves well off and there was no necessity to demand dowry. This is a pure question of fact, which undoubtedly requires evidence.” The court held “The offences are the ones punishable under Sections 498A and 304B of the IPC. Therefore, merely based upon the death note of the victim, which at all times would require evidence of circumstances in which the suicide happens or the death note is scribed, quashment of the proceedings under Section 482 of the Cr.P.C. is not a course available to this Court. Therefore, I decline to interfere to obliterate the proceedings against the petitioners.” Accordingly, it dismissed the petition. Appearance: Advocate Narasimha Rajesh K S for Petitioner.Additional SPP B.N.Jagadeesha A/W HCGP Harish Ganapathy for R1. Advocate Manjunath K for R-2. Citation No: 2025 LiveLaw (Kar) 30Case Title: Vikas C V & Others AND State of Karnataka & ANR Case No: CRIMINAL PETITION No.2730 OF 2024Click Here To Read/Download Order

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws

Mustafa Plumber

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Mustafa Plumber

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws

Mustafa Plumber

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Mustafa Plumber

This is a premium content
Available exclusively to
Our subscribers