Disagreements on diet, attire, and TV shows not cruelty: Karnataka High Court quashes dowry case

Background

A complaint was lodged by the wife, alleging cruelty, harassment, and dowry demands, during the couple’s stay in the United States after their marriage. The wife lodged complaints against her husband, her parents-in law and brother-in law.

Challenging the FIR, the petitioners argued before the high court that there were some misunderstandings in the marriage and the case was a classic illustration of abuse of Section 498A of the IPC.

On the other hand, the counsel for the complainant submitted that the harassment by the husband and the in-laws was brought out clearly in the complaint.

The court noted that the complaint did not disclose any specific or instance of dowry demand or conduct of such severity as contemplated under law.

“There is neither an allegation of demand of dowry nor any conduct of such severity as would shock the conscience or satisfy the statutory threshold,” the court observed.

The court held that the allegations in the case, even at their highest, did not constitute the offence alleged as it was inherently improbable.

On the look out circular issued against the husband, the court said, “The issuance of a look out circular against the 1st petitioner, on allegations so tenuous, would only compound injustice.”

It held that permitting the criminal process to move forward would be to allow law to become a weapon rather than a remedy.

“I thus, deem it appropriate to exercise my jurisdiction under Section 482 of the Cr.P.C. and obliterate the very registration of crime against these petitioners, to prevent it becoming an abuse of the process of the law and resulting in miscarriage of justice,” the court held.

The court, therefore, allowed the plea and quashed the FIR.