The high court has quashed proceedings of dowry harassment against a family which includes an 80-year-old bedridden woman.
The court said the complainant has not placed any evidence regarding the demand for dowry, except allegations.
The proceedings were initiated for dowry harassment, assault and other offences under IPC as well as under Sections 3 and 4 of the Dowry Prohibition Act, 1961 based on the complaint filed by the wife of a man before a court in Davangere.
The couple married in October 2020. However, their relationship strained and the wife moved to her parents’ house.
The husband had filed a civil suit against the wife in March 2021 and the civil court had restrained her from interfering in the household matters.
He and the other petitioners contended that it was only after the civil proceedings that the wife filed the dowry harassment complaint as a counter-complaint.
Though served with a notice, the wife was unrepresented in the proceedings before the high court.
Justice M Nagaprasanna observed that every other member of the family has been dragged into the proceedings (dowry harassment) without there being any allegation. Even an 80-year-old bedridden lady is also accused with bald and vague statements in the complaint and in the summary of the charge sheet, the court said.
The court also noted that though IPC Section 323 (Assault) has been invoked against the husband and no material has been produced to demonstrate that the attempt to kill the complainant was made by him.
“Barring this allegation, every other allegation against the husband and all other members of the family is common. Therefore, permitting any further proceedings to continue against the petitioners would become an abuse of the process of law and degenerate into harassment against them,” the court said.