Case Note & Summary
The matter comprises three interconnected petitions before the High Court of Karnataka arising out of a matrimonial dispute. In Criminal Petition No.9653 of 2023, the husband and mother-in-law challenged proceedings in C.C.No.11622 of 2023, which originated from Crime No.22 of 2023 registered on a complaint by the wife under Sections 498A, 323 and 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. After investigation, a charge sheet was filed for offences under Sections 498A, 504 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, and cognizance was taken on 23-05-2023. The husband and mother-in-law contended that the allegations were false and no offence was made out, seeking quashment. The High Court had stayed the proceedings on 06-10-2023. In Writ Petition No.19687 of 2023, the wife sought quashing of FIR in Crime No.251 of 2023, registered on a private complaint by the husband. The FIR alleged offences under Sections 380, 411, 506, 307, 511 and 34 IPC and Section 3 of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. The wife claimed the complaint was a counter-blast to her own complaint and was entirely fabricated, particularly regarding allegations of theft and black magic. In Writ Petition No.23864 of 2023, a friend of the wife (accused no.2 in Crime No.251/2023) sought quashing of the private complaint against him on similar grounds. The factual background included a marriage on 30-06-2018, birth of two children, earlier complaints of theft by the husband (Crime No.85/2020 which ended in a closure report), and subsequent matrimonial strife. The wife alleged she was thrown out of the matrimonial home on 11-06-2022, and the husband allegedly threatened her and attempted to abduct the children. Custody proceedings resulted in interim custody to the wife on 16-01-2023. During investigation of the wife's complaint, gold ornaments were seized from the husband's house, after which the husband filed his private complaint. The High Court heard arguments: the husband's counsel argued that the cruelty charges were baseless and an abuse of process; the wife's counsel argued that the husband's FIR was a false counter-blast lacking any legal ingredients, especially for Section 307 IPC and the Black Magic Act. The court, after reserving the matters on 28-06-2024, pronounced a common order on 19-07-2024, but the text of the judgment provided does not include the final decision or reasoning.
Issue of Consideration
Whether the criminal proceedings in C.C.No.11622 of 2023 (Crime No.22/2023) for offences under Sections 498A, 504 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, and the FIR in Crime No.251/2023 for offences under Sections 380, 411, 506, 307, 511 and 34 IPC and Section 3 of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, are an abuse of process and liable to be quashed under Section 482 Cr.P.C. and Article 226 of the Constitution of India.
Case Details
2024 LawText (KAR) (07) 30
Criminal Petition No.9653 of 2023; Writ Petition No.19687 of 2023; Writ Petition No.23864 of 2023
Hon'ble Mr. Justice M. Nagaprasanna
Siddharth B. Muchandi, C.V. Nagesh, Nagaraj R., Thejesh P., Madhur A. Kalyanshetty
Mr. Mohamed Shahid, Mrs. Hoornaz Banu (in Crl.P.9653/2023); Smt. Afreen (in W.P.19687/2023); Shabaz Masoom (in W.P.23864/2023)
State of Karnataka, Mrs. Afreen (in Crl.P.9653/2023); State of Karnataka, Mohamed Shahid (in W.P.19687/2023); State of Karnataka, Mohamed Shahid (in W.P.23864/2023)
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Nature of Litigation
Criminal quashing petitions arising from cross-complaints between husband and wife in a matrimonial dispute.
Remedy Sought
In Crl.P.9653/2023: husband and mother-in-law sought quashing of charge sheet and proceedings in C.C.No.11622/2023; in W.P.19687/2023: wife sought quashing of FIR in Crime No.251/2023; in W.P.23864/2023: friend sought quashing of private complaint in PCR No.51647/2023 insofar as he was concerned.
Filing Reason
The husband and mother-in-law claimed the cruelty and dowry case was false; the wife and her friend claimed the theft and black magic case was a false counter-blast and devoid of ingredients.
Previous Decisions
Family Court granted interim custody of minor children to wife on 16-01-2023; Police filed 'C' report in Crime No.85/2020; charge sheet filed in Crime No.22/2023 and cognizance taken on 23-05-2023; High Court stayed proceedings in C.C.No.11622/2023 on 06-10-2023.
Issues
Whether the charge sheet and proceedings in C.C.No.11622 of 2023 for offences under Sections 498A, 504 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 are liable to be quashed as an abuse of process.
Whether the FIR in Crime No.251 of 2023 for offences under Sections 380, 411, 506, 307, 511 and 34 IPC and Section 3 of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 is a false counter-blast and deserves quashing.
Submissions/Arguments
The husband and mother-in-law contended that the complaint and charge sheet did not make out any offence under Section 498A or 34 IPC and that the proceedings were an abuse of the process of law, relying on Apex Court judgments.
The wife and her friend argued that the husband had been filing untenable crimes, including a three-year-old theft allegation, deliberately invoking the Black Magic Act without any ingredients, and that the private complaint was a counter-blast to the wife's complaint. They contended that there was not even preparation or attempt to murder under Section 307 IPC.
Judgment Excerpts
Protagonists in these cases are wife, husband, mother-in-law and a friend of the wife. Criminal Petition No.9653 of 2023 is preferred by the husband and mother-in-law of the wife who are accused Nos. 1 and 2 calling in question the proceedings initiated in C.C.No.11622 of 2023 pending before the 37th Additional Chief Metropolitan Magistrate, Bangalore arising out of crime in Crime No.22 of 2023 registered for offences punishable under Sections 498A, 323 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Writ Petition No.19687 of 2023 and Writ Petition No. 23864 of 2023 are preferred by the wife who is accused No.1 and accused No.2 who is said to be known to the wife calling in question crime in Crime No.251 of 2023 registered pursuant to the private complaint filed by the husband in PCR No.51647 of 2023 pending before the 29th Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru for offences punishable under Sections 380, 411, 506, 307, 511 and 34 of the IPC and Section 3 of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.
Since these cases are interlinked, they are taken up together and considered in this order.
The 1st petitioner is the husband of the complainant/2nd respondent and the 2nd petitioner is the mother-in-law. They are accused Nos. 1 and 2 in C.C.No.11622 of 2023. Facts in brief concerning this petition are that the 1st petitioner and the complainant get married on 30-06-2018.
Procedural History
30-06-2018: Marriage between Mohamed Shahid and Afreen registered under Special Marriage Act, 1954. 30-07-2020 to 14-04-2022: Two children born from the wedlock. Husband registered Crime No.85/2020 for theft; police filed 'C' report. 11-06-2022: Wife alleged she was thrown out of matrimonial home. 10-07-2022: Husband allegedly barged into wife's father's house and threatened. 13-01-2023: Wife filed custody petition G & WC No.26/2023. 16-01-2023: Family Court granted interim custody of minor children to wife. 24-01-2023: Wife filed complaint leading to Crime No.22/2023 for offences under Sections 498A, 323, 34 IPC and Sections 3, 4 of Dowry Prohibition Act. Police investigated and seized gold ornaments. Wife filed application under Sections 451, 457 Cr.P.C. for release of ornaments. Wife initiated annulment proceedings M.C.No.1031/2023. 21-02-2023: Husband filed private complaint PCR No.51647/2023, referred for investigation; Crime No.251/2023 registered for offences under Sections 380, 411, 506, 307, 511, 34 IPC and Section 3 of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. 01-05-2023: Police filed charge sheet in Crime No.22/2023 for Sections 498A, 504, 34 IPC and Sections 3, 4 of Dowry Prohibition Act. 23-05-2023: Magistrate took cognizance in C.C.No.11622/2023 and issued process. 06-10-2023: High Court stayed further proceedings in C.C.No.11622/2023. 28-06-2024: Matters heard and reserved for orders. 19-07-2024: Common CAV order pronounced by High Court.
Acts & Sections
- Indian Penal Code, 1860: 498A, 504, 323, 34, 380, 411, 506, 307, 511
- Dowry Prohibition Act, 1961: 3, 4
- Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017: 3
- Code of Criminal Procedure, 1973: 482, 451, 457
- Constitution of India: 226, 227
