{"id":294072,"date":"2023-06-07T15:00:44","date_gmt":"2023-06-07T09:30:44","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=294072"},"modified":"2023-06-12T14:41:20","modified_gmt":"2023-06-12T09:11:20","slug":"quashment-case-sec-498a-ipc-does-not-arise-wife-complaint-after-divorcenotice-legalnews","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/07\/quashment-case-sec-498a-ipc-does-not-arise-wife-complaint-after-divorcenotice-legalnews\/","title":{"rendered":"Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court"},"content":{"rendered":"
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Karnataka High Court:<\/b> While deliberating over the instant petition challenging the registration of a crime punishable under Sections 498-A<\/a>, 307<\/a> and 506<\/a> of Penal Code, 1860<\/a> and Sections 3<\/a> and 4<\/a> of the Dowry Prohibition Act, 1961<\/a>, against the husband after he sent a notice to his wife for dissolution of marriage, the Bench of M. Nagaprasanna, J.<\/b>*, dismissed the petition stating that quashment of proceedings against the husband at a stage when investigations are ongoing, would not arise on the ground that the complaint is registered immediately after receipt of the legal notice of dissolution of marriage sent by the husband.<\/p>\n

The Court further stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal<\/i> v. State<\/i>, 2023 SCC OnLine Kar 20<\/a>, wherein it was held that criminal case filed by a wife against her husband and in-laws with regards to cruelty and dowry harassment, loses its importance<\/a> when such complaints are made after receiving a divorce notice from the husband, defeats the very object of Section 498-A<\/a> Penal Code, 1860<\/a> or complaints made under Section 12<\/a> of the Protection of Women from Domestic Violence Act, 2005<\/a>.<\/p>\n

Background:<\/b> The husband and wife got married on 19-04-2021. It was averred in the petition that on several allegations the wife left the matrimonial house on 14-08-2022 and later the husband on 13-10-2022 sent a legal notice upon the<\/b>wife wherein he projected himself to be suffering from mental trauma at the hands of the wife and sought resolution of matrimonial dispute amicably and dissolution of marriage by mutual consent within 15 days. In the legal notice the husband additionally “called upon his wife to desist from filing a false claim and initiating malicious proceedings against the husband or the family members<\/i>”.<\/p>\n

The wife then registered a complaint before the Police on 01-12-2012. The complaint narrated several instances of torture by the husband against the wife, both mental and physical. It is this complaint that compelled the husband to knock the doors of the Court.<\/p>\n

Contentions:<\/b> Counsels of the husband contended that the wife has registered the crime as a counterblast to the legal notice sent by the husband and that there are no ingredients that would become offences under Section 498A of the IPC.<\/p>\n

Citing the decision of the High Court’s co-ordinate Bench dated 18-04-2023 in Naresh Gundyal<\/i> v. State<\/i> (supra), the counsels submitted that the FIR should be quashed on the sole ground that the crime was registered after receipt of a notice seeking dissolution of marriage.<\/p>\n

Per contra<\/i>, the High Court Government Pleader submitted that investigation has just commenced in the registered crimes and there are grave allegations against the husband for offences punishable under Section 498A and 307 IPC and, therefore, the proceedings should be permitted to continue.<\/p>\n

Court’s Assessment:<\/b> Perusing the facts, contentions and ruling of the co-ordinate Bench in a case similar to this, the Court stated the following-<\/p>\n