Sarasamma and others vs State of Karnataka and others. Criminal Petition 77/2018 decided on 10 December 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/356616/1/CRLP77-18-10-12-2020.pdf
Relevant paragraphs: 13. There is no dispute that second respondent has lodged a complaint before the first respondent – police on 5.2.2015. But her evidence clearly reveals that inspite of issuance of notice by her husband Ashok Kumar for restitution of conjugal rights, she was not inclined to lead marital life but went on to lodge the complaint against her husband and his family members. In the said complaint there is an allegation made that her husband Ashok Kumar and his family members said to have been given physical as well as mental harassment and demanded dowry. But if really there was any sort of harassment extended to her she would have lodged the complaint to the police even before issuance of notice by her husband for restitution of conjugal rights. But there is no any sort of physical or mental harassment alleged to be meted out either from her husband or his family members. But minutely to see the ingredients of Section 498A of IPC, there shall be some physical as well as mental harassment and it is from the husband as well as family members but there shall be some material allegations with regard to constituting of The complainant is well educated person and has secured three degrees from universities. As there was some incompatible condition between her and her husband, it can be inferred that even if the allegation made in a complaint and the substance in the FIR, they are dragged into the criminal proceedings with a view to tarnish their image in the society.
15. When there is sufficient strong evidence then only the investigating officer has to lay the charge sheet against the accused as contemplated under Section 173(2) of Cr.P.C., which requires to be viewed from all angles, but mere because laying the charge sheet, it cannot said that the allegations made in the complaint and so also, the statement of witnesses said to have been recorded, it appears to be a gospel truth.
17. In the instant case, the criminal proceedings initiated by the complainant against her husband Ashok Kumar and his family members who were roped in the alleged crime, a prudent man can infer that the said proceedings initiated by her is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
Criminal petition allowed. Proceedings quashed.
Complied by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 