[S.498A IPC] Offence Committed Abroad Can't Be Tried In India Without Centre's Sanction U/S 188 CrPC: Kerala High Court

The Kerala High Court has held the Trial Court should not proceed with criminal prosecution under Section 498A of the IPC without previous sanction from the Central Government when an offence of marital cruelty was entirely committed outside India by an Indian National.Justice A. Badharudeen thus quashed the criminal proceedings initiated against the husband under Section 498A IPC for want of previous sanction from the Central Government under Section 188 CrPC. “In the instant case, it is perceivable that the entire allegations, which would attract offences under Section 498A of IPC alleged to be committed by the 1st accused is outside India, and the matter definitely would come with the ambit of Section 188 of Cr.P.C. Therefore, the present proceedings without obtaining prior sanction as contemplated under Section 188 Cr.P.C. is vitiated.”The husband has approached the High Court seeking to quash the final report lodged against him stating that sanction was not obtained from the Central Government under Section 188 CrPC for initiating criminal prosecution. He submitted that all allegations of marital cruelty had been committed while the defacto complainant was residing with him in Australia. On analyzing Section 188 CrPC and Apex Court judgment in Sartaj Khan v. State of Uttarakhand, the Court held that there was no necessity of any sanction if a part of the offence was committed in India. “At the same time, if part of the overt acts or at least one instance among the overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases,” clarified the Court. In the facts of the case, the Court found that the entirety of the allegations against the husband was committed while they were residing in Australia. It thus held offence against the husband cannot be inquired into or tried without previous sanction from the Central Government. As such, the Court quashed the criminal proceedings initiated against the husband. Counsel for Petitioner: Advocates Thomas J.Anakkallunkal, Anupa Anna Jose Kandoth, Jayaraman S., Litty PeterCounsel for Respondents: Senior Public Prosecutor Renjith George, Advocate Luke J Chirayil Citation: 2024 LiveLaw (Ker) 358Case Title: Darvin Dominic v State Of Kerala Case Number: CRL.MC NO. 2448 OF 2023Click here to read/download Order

[S.498A IPC] Offence Committed Abroad Can't Be Tried In India Without Centre's Sanction U/S 188 CrPC: Kerala High Court

Tellmy Jolly

Tags