The Karnataka High Court has quashed a complaint registered against a woman by her husband who claimed that she wanted to murder him and his mother using Black Magic. The Court held that frivolous complains like such must be nipped in the bud.

In that context, the Bench of Justice M Nagaprasanna observed that, "The order referring the matter for investigation should bear application of mind in order to nip, frivolous cases being filed, at its bud. A perusal at the order of reference would not indicate even a semblance of application of mind. A plain and simple marital discord is dressed with black magic, theft and attempt to murder. In the teeth of the aforesaid findings, if the proceedings against the petitioners in Crl.P.No.9653 of 2023 are permitted to continue, it would become an abuse of the process of the law and result in patent injustice."

A husband filed a private complaint on February 21, 2023, which led to an FIR being registered after the Magistrate court referred the case for investigation under Section 156(2) of the CrPC. The wife's counsel argued that the husband's complaint was an abuse of legal process, stating that there were no grounds for the attempted murder charge and that the allegations lacked substance. In response, the husband claimed that he discovered WhatsApp chats between his wife and her friend, where they allegedly conspired to kill him and his mother using black magic. He argued that these discussions justified the charges under the Black Magic Act and Section 307 of the IPC for attempted murder.

The Court examined the husband's complaint and WhatsApp chats and found that the complaint appeared to be a retaliatory action against the wife's earlier dowry harassment case. The Court noted the implausibility of the husband's allegations, particularly the theft claim, which he stated had occurred three years prior but was only reported in 2023. It was remarked, "The husband narrates that he was shocked at the theft that happened 3 years ago. It looks like the impact of the shock has happened 3 years later."

In addressing the Black Magic Act, the Court emphasized that for an offense under the Act, there must be an actual "performing" of an inhuman or evil act. It was noted, "There is no act performed, neither an attempt to perform any of the ingredients of the Black Magic Act. The WhatsApp chats are completely vague."

The Court concluded that the husband's complaint was a clear attempt to counter the wife's dowry harassment case, stating, "The husband has undoubtedly indulged in a proceeding, as a counterblast to the registration of the crime by the wife." Consequently, the Court quashed the husband's prosecution under the Black Magic Act.

Regarding the wife's complaint against the husband and mother-in-law, the Court quashed the charges against the mother-in-law but allowed the proceedings against the husband to continue.

Cause Title: Mohamed Shahid & Ors. vs State of Karnataka & Anr.

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Karnataka High CourtJustice M NagaprasannaBlack Magic

Ananya Soni