Recently in the case of Mahalakshmi V The State of Karnataka while quashing the criminal proceeding for the offense of cruelty under Sec 498 A of the Indian Penal Code, observed that one occurrence , unless serious , with no clear evidence of involvement in the complainant’s wife ,is not sufficient to implicate a person under this provision .
The bench observed that “One instance unless portentous, in the absence of any material evidence of inference and involvement in the material life of the complainant , may not be sufficient to implicate the person having committed cruelty under Section 498A of the IPC.”
In the instant case , the wife added the sister and the cousins of the husband as accused in the complaint .The sisters and cousins of the husband filed the petition before the Karnataka High Court for quashing of the chargesheet. However, the same was dismissed by the High Court via its impugned judgment. Thus ,the present appeal.
After perusing the written complaint as well as the charge sheet the court observed that out of the two allegation made against the sister of the accused , only one was substantiated in the charge sheet, that the first appellant had thrown certain belongings of the wife on the ground and has cursed her in foul language.
The court noted that the sister was living and working in Canada. Further , even the other appellants were residing separately and not at the marital home.
The court observed that the assertions made in the charge sheet are very vague and general .The court hold that “Given that the appellants were not residing at the marital home, and appellant no.1 was not even living in India, the absence of specific details that constitute cruelty, we would accept the present appeal .
The court quashed the criminal proceedings against the appellant. However, before parting , the court also made it clear that the Trial Court could proceed against them if any evidence came on record.
Written by Adv Rohit Yadav
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