BENGALURU: The decision of a coordinate bench holding that a criminal case filed by a woman alleging cruelty and dowry harassment against her husband and in-laws would lose significance if it is filed after receiving a divorce notice, defeating the very purpose of Section 498A of the IPC or even complaints made under Section 12 of the Protection of Women from Domestic Violence Act, 2005, according to the High Court of Karnataka.
Justice M Nagaprasanna passed the order while dismissing a petition filed by man questioning the criminal proceedings initiated by his wife. Citing the order by the coordinate bench of the high court in a similar case in April 2023, the counsel of the petitioner submitted that the FIR should be quashed on the sole ground that it has been registered after receipt of the notice seeking dissolution of marriage.
The counsel of the petitioner contended that the woman has filed a case as a counter to the legal notice sent to her. There are no actions that would amount to offences under Section 498A of the IPC. The case loses its significance as it has been registered after the divorce notice had been sent, the counsel argued.
The court, however, said if the hyper-technical contention stated is accepted, it would act against the interests of women and the reason for which the provision was added. The court said the statements recorded during investigation of the complaint filed by the woman clearly indicate that an offence has been committed. The petitioner has also been accused of violating Section 307 (attempt to murder).