498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC.

The court said, “In the statements of the mother and brothers of the complainant, there are no specific and distinct allegations made against the petitioner.”

The complainant had alleged that her husband and in-laws physically and mentally tortured her in connection with dowry. Few months after marriage her husband and in-laws started picking up quarrel with her for petty reasons, abused her physically and mentally and coerced her to bring dowry, the complaint said. It was also claimed that when she returned from her parental home after delivery, her brother-in-law attempted to outrage her modesty by pulling her saree and abusing her.

Relying on the judgment of the Supreme Court in the case of Kahkashan Kausar Vs. State of Bihar reported in (2022) 6 SCC 599, wherein the court has held that in the absence of any specific role attributed, it would be unjust if the accused are forced to go through the tribulations of the trial, the court said: “Criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused and such an exercise must, therefore, be discouraged.”

Taking note of the fact that a joint memo was filed before the trial court in the application seeking maintenance that the complainant and her children have been taken back by her husband with an assurance that he will look after their welfare and well being, the court recorded that the case has been diposed of as not pressed. 

It also noted that the application filed by the husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has also been disposed of as not pressed on filing of a memo that with the intervention of the elderly persons, matter is settled and respondent-wife joined the company of her husband.

“In the above facts and circumstances, criminal proceedings pending against the petitioner is nothing but an abuse of process of the Court and the same deserves to be quashed,” the court said.

Case Title: G And State of Karnataka

Case No: CRIMINAL PETITION NO. 104244 OF 2022

Citation: 2023 LiveLaw (Kar) 56

Appearance: Advocate Vishwanath S Bichagatti for petitioner.

HCGP T.Girija S Hiremath for R1.

Advocate K.K.Teragundti for R2.