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

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.