The court noted that the allegations levelled against the petitioner in both the maintenance application and the complaint alleging harassment were altogether different. (Source: Generated by AI)
The Karnataka High Court has said courts must remain vigilant against the misuse of Section 498A of the Indian Penal Code (IPC), particularly when vague and generalised allegations arise from matrimonial disputes.
Section 498A of IPC states that any individual, whether the husband or a relative of the husband, who subjects a woman to cruelty shall face imprisonment for up to three years and be liable to a fine.
In an order passed on February 6, Justice M G Uma said, “The courts must remain vigilant against its misuse through vague and generalised allegations arising from matrimonial disputes, and prosecution should not proceed where there are no prima facie materials available on record.”
“The allegations against relatives, particularly those residing separately or having limited interaction with the complainant, require careful scrutiny and cautious evaluation, and they must not be roped in at the whims and fancies of the complainant with the intent to cause harassment.”
The observations came after a 58-year-old woman approached the court seeking to quash criminal proceedings initiated by her daughter-in-law in 2026. The woman argued that a false complaint had been filed against her and that only bald, general allegations were made, unsupported by any evidence.
The daughter-in-law lodged a complaint against her husband and the petitioner, alleging she had been abused and ill-treated. She claimed she was forced to do the household work and was subjected to cruelty. She also said her husband suspected her fidelity and abused and harassed her.
The bench perused the complaint and the application filed by the complainant seeking maintenance from the husband. The court noted that the allegations levelled against the petitioner in both the maintenance application and the complaint alleging harassment were altogether different.
Allowing the petition, the court in its order said, “Prima facie, there appears to be matrimonial discord between husband and wife, which resulted in filing the first information roping in the present petitioner as accused No 2. I do not find any justification for proceedings against the petitioner for the offence referred to above.”