<p>The Karnataka High Court has refused to quash the FIR against a man, stating that there cannot be a declaration of law that once the divorce notice is sent by the husband the complaint registered by the wife thereafter loses its significance. </p>.<p>The husband had relied upon a Kalaburagi bench order dated April 18, 2023, and argued that the crime loses its significance when it is registered immediately after the husband sends a notice for divorce. </p>.<p>Justice M Nagaprasanna said that the objective of the enactment to protect the interests of women cannot be rendered illusory by a declaration that the complaint would lose its significance for the reason that it is registered immediately after the receipt of a notice of divorce from the husband. The court said that though invoking IPC section 498A is not justified in some cases, the same has to be considered on a case-to-case basis. </p>.<p>“The decision of the co-ordinate bench holding that criminal case filed by the wife in respect of cruelty and dowry harassment against the husband and in-laws would lose any significance in case the complaint is made after receiving the divorce notice from the husband, defeats the very object of section 498A of the IPC, or even complaints made under Section 12 of the Protection of Women from Domestic Violence Act, 2005,” the court said. </p>.<p>In the case at hand, the marriage had taken place in April 2021. Alleging torture, the wife left the matrimonial house on August 14, 2022. The husband contended that the wife registered the crime on December 1, 2022, under IPC sections 498A (dowry harassment) and 307 (attempted murder) as a counterblast to the legal notice that he had sent on October 13, 2022, seeking an amicable settlement for dissolution of marriage. </p>.<p>The court pointed out the narration in the husband’s notice which said that the wife should desist from filing a false claim and initiating malicious proceedings against the husband or the family members. The court said that the husband had an apprehension that the wife would register a complaint against him.</p>.<p>The court perused the papers of investigation and said that the statements available would clearly indicate the ingredients of the alleged offences. "There are communications from the hospital sought by the Investigating Officer which indicate the treatment. Prima facie, I find the offences being met, they are to be investigated. At this stage, quashment of proceedings against the petitioner/husband would not arise on the ground that the complaint is registered immediately after receipt of the legal notice caused by the petitioner,” the court said. </p>
<p>The Karnataka High Court has refused to quash the FIR against a man, stating that there cannot be a declaration of law that once the divorce notice is sent by the husband the complaint registered by the wife thereafter loses its significance. </p>.<p>The husband had relied upon a Kalaburagi bench order dated April 18, 2023, and argued that the crime loses its significance when it is registered immediately after the husband sends a notice for divorce. </p>.<p>Justice M Nagaprasanna said that the objective of the enactment to protect the interests of women cannot be rendered illusory by a declaration that the complaint would lose its significance for the reason that it is registered immediately after the receipt of a notice of divorce from the husband. The court said that though invoking IPC section 498A is not justified in some cases, the same has to be considered on a case-to-case basis. </p>.<p>“The decision of the co-ordinate bench holding that criminal case filed by the wife in respect of cruelty and dowry harassment against the husband and in-laws would lose any significance in case the complaint is made after receiving the divorce notice from the husband, defeats the very object of section 498A of the IPC, or even complaints made under Section 12 of the Protection of Women from Domestic Violence Act, 2005,” the court said. </p>.<p>In the case at hand, the marriage had taken place in April 2021. Alleging torture, the wife left the matrimonial house on August 14, 2022. The husband contended that the wife registered the crime on December 1, 2022, under IPC sections 498A (dowry harassment) and 307 (attempted murder) as a counterblast to the legal notice that he had sent on October 13, 2022, seeking an amicable settlement for dissolution of marriage. </p>.<p>The court pointed out the narration in the husband’s notice which said that the wife should desist from filing a false claim and initiating malicious proceedings against the husband or the family members. The court said that the husband had an apprehension that the wife would register a complaint against him.</p>.<p>The court perused the papers of investigation and said that the statements available would clearly indicate the ingredients of the alleged offences. "There are communications from the hospital sought by the Investigating Officer which indicate the treatment. Prima facie, I find the offences being met, they are to be investigated. At this stage, quashment of proceedings against the petitioner/husband would not arise on the ground that the complaint is registered immediately after receipt of the legal notice caused by the petitioner,” the court said. </p>
