BENGALURU: Noting that it has become a habit to invoke IPC Section 504 (intentional insult to breach of peace) and 506 (criminal intimidation) for every offence in a dispute between husband and wife, and even for trivial issues, the Karnataka High Court said investigating officers should exercise caution while laying down provisions as offences punishable with two years in jail.
The court said the dispute was between husband and wife, and breach of public peace cannot be imagined. “The other provision is Section 506 which deals with punishment for criminal intimidation. Facts would indicate that the dispute is a trivial squabble which erupted between husband and wife. Section 506 is also loosely laid against the petitioner,” said Justice M Nagaprasanna, quashing proceedings against the husband.
The court said the offences are punishable with two years imprisonment, therefore, “it cannot be a frolicsome act on the part of the investigating officer to simply bring in Sections 504 or 506”.
The dispute arose between Vivekananda from Bagalkot and his wife over a trivial issue. His wife asked for money to bring certain materials to perform a puja, which was not acceptable to the husband and led to a quarrel between them, resulting in the registration of a complaint against all the family members.
Police conducted an investigation and dropped all members of the family from the list of accused, but retained the husband as the sole accused for the offence under Sections 498A, 504 and 506 IPC. The court said nowhere were the offences punishable under the provisions indicated in the complaint or chargesheet, quashing proceedings against the husband.