Introduction
Section 482 of the Code of Criminal Procedure (CrPC) does not provide new powers to the High Court however, it grants inherent powers to the Court to prevent abuse of law. The High Court can exercise its power under Section 482 to quash proceedings even in case of the non-compoundable offences.
In a recent case, the High Court of Karnataka has quashed the criminal proceedings against the relatives of the husband by exercising power under Section 482. The Court noted that the husband’s relatives are being booked without any evidence against them under Section 498A of the Indian Penal Code (IPC) for cruelty.
S And Ors. v. State of Karnataka and Anr.: Case analysis
Brief facts of the case
The accused persons approached the High Court of Karnataka under Section 482 of the CrPC for quashing of the FIR and the chargesheet registered against them in the criminal proceedings under Sections 341, 498A, 504 read with Section 34 of the IPC.
The brief fact of the case is that the complainant, who is the wife of accused No.1 filed a complaint against her husband and his relatives/ family. She alleged that their marriage was solemnized on 07-12-2014 and two daughters were born to the couple. She averred that for two years their relationship was good, and no child was born to them till then. Subsequently, accused No.2, who was the mother-in-law started mental and physical harassment to the wife.
That at the time of baby shower, the husband’s relatives started demanding gold and accused no.2 asked clothes and put other demands from the complainant’s parents. The complainant’s gold was taken away from her and she was made to live separately from her husband in the matrimonial house.
She also narrated several incidences wherein she was tortured and harassed by her husband and mother-in-law. Hence, she sought for action against all the accused persons including her husband and his relatives. The chargesheet was filed against ten accused persons by the police.
Plea before the High Court
The accused persons approached the High Court to seek quashing of the FIR against them. The husband’s relatives contented that no specific incident of harassment or assault or any such acts committed by them was ever narrated either by the complainant or any of the witnesses cited by the prosecution. Hence, the criminal proceedings against them should be quashed.
Observations of the High Court
The High Court observed that the relatives and family members of the husband are implicated in criminal proceedings initiated by the wife even if there is no evidence against them. While observing this, the High Court quashed the criminal proceedings against eight family members of the husband in the impugned matter.
The matter was heard by Justice CM Joshi, and the Court expressed its concern over the misuse of Section 498A of the IPC. Section 498A of the IPC deals with the cruelty to woman by her husband or relative of husband. It further pointed out that trivial issues between the couples lead to court cases.
The High Court stressed that “It is pertinent to note that the provisions of Section 498 of IPC are quite often misused and minor differences between the couple are being brought to the Court unnecessarily by roping in all the family members of the husband, who are staying elsewhere than the place of stay of the couple. In fact, there would not be any evidence to show that the relatives of the husband had also a role in the alleged dispute between the husband and wife.”
Decision of the High Court
The High Court placed reliance on the decision of the Supreme Court in Kahkashan kausar @ Sonam and others v. State of Bihar and other, 2022 AIR (Criminal) 338, wherein the Top Court stated that Section 498A of the IPC are being misused by women and they inflict to settle personal vendetta against husband and his relatives. Based on this, the High Court concluded that it would not be proper to continue the proceedings against accused Nos.3 to 10.
The Court directed continuation of trial against the husband and his mother; however, it quashed the proceedings against other eight relatives/ accused persons. As the Court noted that allegations were against the husband and mother-in-law only.
While quashing the criminal proceedings against the relatives, the Court stated that their involvement may be remote as they were not also residing at Mumbai. The handwritten complaint/ FIR by the complainant also comprised allegations of harassment by the husband and the mother-in-law. That the involvement of accused nos. 3 to 10 was not mentioned in the investigation papers and no incidence of harassment was alleged against them by the complainant.
The High Court allowed the petition partly by quashing proceedings against the relatives of the husband. However, the Court ordered that accused no. 1 (the husband) and accused no. 2 (the mother-in-law) shall face the trial.
Conclusion
The Karnataka High Court has passed a very reasonable order in the instant case wherein it quashed the criminal proceedings against the relatives of the husband. The Court pointed out that there was no allegation of harassment against accused nos. 3 to 10 and they were living away from the matrimonial house of the complainant.
It also stressed that the relatives of the husband are implicated in the criminal proceeding even if there is no evidence against them. Noting this, the High Court only directed trial against the husband and the mother-in-law, releasing the other relatives from trial.
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