"Frivolous, Vexatious Litigations Clog Justice Delivery System Where Genuine Cases Lie In Cold Storage": Karnataka HC While Quashing Criminal Proceedings U/S. 498A IPC

The Karnataka High Court has dismissed a case registered under Section 498A of the IPC, while holding that the complainant was in gross misuse and abuse of law. While reprimanding the 'frivolous and vexatious litigation', the Bench emphasised the need for the Court to undertake due care and read between the lines where necessary.

In that context, the Bench of Justice M Nagaprasanna observed that, "The Court exercising jurisdiction under Section 482 of the Cr.P.C., has a duty to look into not only the complaint but all other attendant circumstances emerging from the record and if need be due care and circumspection be done, to read between the lines. This is exactly what this Court has undertaken in the case at hand."

Subsequently, it was held that, "the complainant in gross misuse and abuse of law has set the criminal law into motion. Such frivolous cases registered by the wife have taken enormous judicial time, be it before the concerned Court or before this Court, and has led to enormous civil unrest, destruction of harmony and happiness in the society. It may not be that these would be the facts in every given case. The Court is only concerned about frivolous and vexatious litigations clogging the criminal justice delivery system, where genuine cases lie in cold storage."

The petitioner questioned the proceedings in C.C. No. 19072 of 2022 before the XXXVII Additional Chief Metropolitan Magistrate in Bangalore. This arose from Crime No. 35 of 2022, registered for offenses under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

The petitioner, the husband, and the 2nd respondent, the wife, got married on 29-05-2020. Two months later, the petitioner left for the USA as his H1B visa was expiring on 19-07-2020. The wife left the matrimonial home on 21-01-2021 and began staying with relatives. The petitioner made several attempts to secure a visa for the complainant to join him in the USA, but she missed multiple appointments. Eventually, a visa was granted on 22-09-2021. When the relationship became irreconcilable, the petitioner filed for divorce and a complaint against his wife in December 2021. The wife then filed a complaint against the petitioner on 03-02-2022, leading to the registration of Crime No. 35 of 2022.

The police filed a charge sheet, and the Court took cognizance of the offenses, registering C.C. No. 19072 of 2022 on 14-06-2022. This registration of the criminal case led the petitioner to seek relief from the Court.

The petitioner's counsel argued that the wife refused to go to the USA and made false accusations, including testing the petitioner for various ailments, all of which were negative. The counsel contended there was no indication of dowry demands in the complaint, challenging the applicability of Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.

The wife, appearing in person, argued that the petitioner suffered from a sexually transmitted disease and refused to join him until he addressed it. She alleged he blocked communication after leaving for the USA, failed to support her after an accident, and filed for annulment and criminal charges against her. She insisted the petitioner face trial and claimed he earned over ₹2 crores annually, refusing to settle financially. The wife sought either the vacation of the interim order or dismissal of the petition.

On consideration of the complaint, summary of the charge sheet, the statements recorded and the law, the High Court concluded that, "If the contents of the complaint, summary of the charge and the statements are considered on the bedrock of necessary ingredients of Section 498A of the IPC, the allegation of the offence would tumble down like a pack of cards, as, no where it is indicative, of the fact that there is dowry harassment and cruelty by the husband or the members of the family of the petitioner."

Cause Title: XXXXXXXXXX vs State of Karnataka & Anr.

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