No Specific Allegations for Harassment or Dowry: Karnataka High Court  Quashesd Proceedings Against Family Members U/S 498A IPC

In a significant ruling, the Karnataka High Court today quashed criminal proceedings against family members in a matrimonial dispute case, stating there were no specific allegations against them for harassment or dowry demands.

The judgment focused on the quashing of criminal proceedings against accused Nos. 2 to 9 under Sections 498A, 107, 114, 120B, 406, 425, 323, 504, 506, 509, 34 of IPC, citing a lack of specific allegations against them for physical or mental harassment or dowry demands.

The case originated from a complaint by Shilpa Sanjeev against her husband Sanjeev Dhiman (accused No.1) and his family members, including accused Nos. 2 to 9. The allegations included dowry harassment, adultery, and property issues. The primary issue revolved around the relationship between accused No.1 and the complainant, with ancillary allegations against other family members.

The High Court, presided over by Justice K. Natarajan, noted that the allegations against accused Nos. 2 to 8 were vague and lacked specificity regarding their involvement in harassment or dowry demands. The Court observed, “The entire grievance is against accused No.1-husband,” and that there was no material evidence against other petitioners to proceed with the trial.

In the case of accused No.9, Dr. Seema Bhutani, the court found that the allegations pertained mainly to adultery. However, following the decriminalization of Section 497 IPC by the Supreme Court in Joseph Shine Vs. Union of India, charges under Section 498A IPC and related abetment charges were deemed unsustainable.

The Court further remarked on the tendency to misuse provisions like Section 498A IPC in matrimonial disputes, cautioning against implicating family members without a prima facie case.

The Karnataka High Court quashed the proceedings against petitioners accused Nos. 2 to 9, finding no material evidence against them for committing the offenses or abetment under Section 498A IPC.

 Date of Decision: 8^th February 2024.

Dr. Seema Bhutani and others Vs. State