Retaliatory Complaints Abused the Legal Process – Karnataka High Court Quashes Dowry Harassment Proceedings

Justice N.S. Sanjay Gowda finds no merit in dowry allegations filed after divorce proceedings initiation.

In a significant ruling, the Karnataka High Court has quashed the criminal proceedings under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against Swaroop M.S. and his parents. The court held that the allegations were retaliatory in nature and constituted an abuse of the legal process, underscoring the lack of initial dowry-related accusations in the first complaint by the wife.

Swaroop M.S. and Smt. Harshitha Bedre were married on May 16, 2019. On April 26, 2021, Harshitha lodged a complaint stating that she had been denied entry to her matrimonial home. The next day, Swaroop countered with a complaint alleging harassment by Harshitha and her parents. Neither complaint mentioned dowry. However, after Swaroop initiated divorce proceedings on July 8, 2021, Harshitha lodged a fresh complaint on July 15, 2021, alleging dowry demands and harassment, which led to an FIR and subsequent criminal charges against Swaroop and his parents.

The court noted that both initial complaints filed in April 2021 lacked any mention of dowry. Justice N.S. Sanjay Gowda observed, “The absence of dowry allegations in the initial complaints by both parties indicates that the later claims were retaliatory.”

The court found that the dowry harassment complaint was filed shortly after the husband sought divorce, suggesting retaliation. “The initiation of criminal proceedings within a week of the divorce petition is a clear indication of retaliatory intent,” the judgment noted.

The court emphasized that criminal proceedings should not be used as a tool for coercion in matrimonial disputes. “Criminal proceedings cannot be utilized to pressurize a spouse into submission,” Justice Gowda remarked. The timing and nature of the complaints led the court to conclude that the allegations of dowry were an afterthought.

Justice Gowda highlighted, “The fact that the wife sought restitution of conjugal rights after initiating criminal proceedings for dowry harassment falsifies her allegations and points to an abuse of the court’s process.”

The High Court’s decision to quash the proceedings reinforces the principle that criminal law should not be misused in matrimonial conflicts. By recognizing the retaliatory nature of the dowry allegations, the court has underscored the importance of scrutinizing the context and timing of complaints. This judgment is expected to serve as a crucial precedent in distinguishing genuine grievances from those filed with malicious intent.

Date of Decision: July 3, 2024