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by Admin
07 May 2024 2:49 AM
In a significant ruling that underscores the importance of judicial prudence in familial disputes, the Karnataka High Court, led by the Hon’ble Mr. Justice M. Nagaprasanna, quashed an FIR against a father in a post-divorce visitation rights conflict. The decision, dated 20th December 2023, revolved around the FIR registered for offences under Sections 504, 506, and 448 of the IPC, following a complaint by the ex-wife alleging criminal trespass and intimidation by her former husband.
The case, CRIMINAL PETITION No.9997 OF 2022, spotlighted the complexities surrounding visitation rights and the misuse of criminal provisions in personal disputes. Justice Nagaprasanna, in his landmark judgment, emphasized the need for judicial intervention to prevent “patent injustice and ultimate miscarriage of justice.” The ruling noted the overreach of criminal law in a situation that primarily involved visitation rights agreed upon post-divorce.
The court meticulously analyzed the sequence of events leading to the registration of the FIR, observing that the petitioner’s intention was to exercise his court-sanctioned right to visit his daughter. Despite the rescheduling of the visit by the ex-wife, the petitioner’s efforts to see his daughter were seen in the light of a desperate father’s anxiety rather than criminal intent.
Justice Nagaprasanna pointed out that the police had hastily registered the crime without delving into the underlying family dispute. The court’s decision to quash the FIR was based on a critical examination of the applicability of Sections 448, 504, and 506 of the IPC in the given familial context. The judgment also highlighted the potential for the misuse of legal processes in settling personal scores, a scenario that the court deemed necessary to guard against.
Date of Decision: 20th December 2023
ANUPAM VS THE STATE BY KOTHANUR PS
