BENGALURU: The Karnataka High Court observed that family members who are not alleged to have overtly acted against the complainant/victim in a dowry harassment case, should not face trial or criminal proceedings.
Such cases should be nipped in the bud by quashing proceedings, without letting them degenerate into harassment, the court added. Justice M Nagaprasanna made this observation while allowing a petition filed by Varalakshmi and three others from Andhra Pradesh and Bengaluru, against criminal proceedings initiated before the trial court in Hosapete, based on a complaint filed by B Shruthi, wife of Prashanth, against her mother-in-law, father-in-law and sisters-in-law, in Mariyammanahalli Police Station in Ballari district. The petitioners questioned the case registered against them for offences punishable under provisions of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act.
After conducting investigations, police filed a chargesheet against all the petitioners, who knocked on the doors of the high court. The counsel for the petitioners argued that they are in no way connected to the life of either the complainant’s husband, who is accused no. 1, or the complainant, and have no knowledge of any torture meted out by the husband. The complainant and husband stayed separately from the family members.
Counsel of the complainant refuted the submissions and contended that the petitioners are equally responsible for the acts of the husband as they instigated him. On hearing the arguments, the court said the complaint, investigation and summary of investigation as found in the final report/ chargesheet don’t make out any offence against the petitioners. The petitioners do not even reside with the couple. In a squabble between husband and wife, members of the husband’s family are hauled into criminal proceedings without reason, the court said.