Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Karnataka High Court: In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) by the petitioner, neighbor of a couple, challenging the proceeding wherein she was alleged to have influenced the behavior of the husband to torture his wife, a Single Judge Bench of M. Nagaprasanna*, J., held that a stranger, the petitioner in the present case, cannot be drawn into the proceedings for offences under Section 498-A of the IPC.
The couple got married in November 2006 and in February 2021, Respondent 2 registered a complaint for offences punishable under Sections 34, 498A, 504, 506, 323 of the IPC. After investigation, the police filed a charge sheet pursuant to which the petitioner was summoned as she was alleged to have instigated the husband to behave in a particular manner. Aggrieved, the petitioner approached the High Court.
The Court stated that the petitioner’s name was nowhere in the complaint except for the mention of her instigating the husband to torture the wife otherwise she would not fit into the definition of family as under Section 498-A of the IPC.
The Court viewed that a stranger could not be drawn into the proceedings for offences under Section 498-A of the IPC, between the husband, wife or the family members. The Court stated that permitting further proceedings against the petitioner would become an abuse of the process of the law and would result in miscarriage of justice.
The Court quashed the proceedings against the petitioner under Sections 34, 498-A, 504, 506, 323 of the Penal Code, 1860 (‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 on the file of Chief Metropolitan Magistrate.
[Asha G v. State of Karnataka, 2026 SCC OnLine Kar 34, decided on 06-01-2026]
Advocates who appeared in this case :
For the Petitioner: Chandan K, Advocate
For the Respondent: K. Nageshwarappa, HCGP