Updated on: 16th September 2023 3:35 PM IST | Mumbai
S S Nadar | news@debotimes.in

In 2016, a dispute had arisen between a man and his wife. The woman had requested money to buy puja paraphernalia, which the husband refused and allegedly verbally abused her.

The Dharwad Bench of the Karnataka High Court has observed in a recent order that trivialities between a married couple leading to criminal proceedings would be an abuse of the process of law.

The order was passed on September 5 by a single-judge bench of Justice M Nagaprasanna based on a petition by the husband.

In 2016, a dispute had arisen between a man and his wife. The woman had requested money to buy puja paraphernalia, which the husband refused and allegedly verbally abused her.

Based on this, a complaint was filed against the husband and his family members, with the police registered a case only against the husband under IPC Sections 498A (Husband or relative subjecting woman to harassment), 504 (Intentional insult) and 506 (Punishment for criminal intimidation) of the IPC.

The counsel for the petitioner argued that the complaint only involved day-to-day happenings between a husband and wife and a trivial matter was projected as a crime by the petitioner.

He also argued that the complaint or chargesheet did not indicate any ingredient for the crimes under the sections of the IPC mentioned. The counsel for the complainant argued that while the original complaint might not be a good draft, it still contained allegations against the husband and proceedings should continue, also noting that since the chargesheet had been filed, it was for the petitioner to come clean in the trial.

The judge noted, “In the teeth of the facts what would unmistakably emerge is, certain skirmishes between the husband and wife, which happen, if not daily, but quite often, is projected to become ingredients of Section 498A of the IPC. The complaint is so vague as it would fetter vagueness itself. The investigation has led to the filing of the chargesheet without rhyme or reason, fortunately leaving out the parents in the chargesheet…the offence….is recklessly and loosely laid against the petitioner.”