Case Summary: Naresh Gundyal v. State, (2023) | Karnataka High Court Dismissed Dowry Harassment Complaints after Divorce Notification

The Case Summary: Naresh Gundyal v. State, 2023 highlights the decision of the Karnataka High Court emphasizing the prohibition of misuse of dowry harassment laws and ensuring a fair legal process for all parties involved in divorce cases.

In this case, the High Court of Karnataka quashed the complaints against the petitioners where FIR was filed against them relating to dowry and harassment. Upon hearing the petitions jointly, the High Court gave its verdict whereby the said complaints were quashed. In this case summary, we shall discuss this case in detail so as to understand the reason behind High Court quashing these complaints.

Court: Karnataka High Court

Bench: S. Rachaiah, J.

Citation: Crl. P. No. 201257/2019

Decided on: 18-04-2023

Facts of the Case

In this case, the husband was the petitioner who had filed to get the complaints against him quashed as filed by his wife (respondent). It was stated that during their marriage, dowry was given in the form of gold, cash, jewellery and other household items. The wife lived with her in-laws and the husband working in a private company, lived in Pune. The wife had alleged that she faced constant harassment by her in-laws due to dowry and so she decided to live with her husband. As per her, the husband had also asked her to lie to him only if she promised that none of her relatives would come to meet her at their house in Pune. The respondent (wife) had alleged that ever since her marriage, the in-laws and husband had assaulted her and her family members. Due to all these reasons she had filed a complaint against them.

Issues Involved

Whether the complaint filed against the husband and his family would continue or be quashed because the husband had filed for divorce?

Laws Applied

The laws as relevant in this case include the ones as per which a complaint was filed against the petitioner that was provisions of the Indian Penal Code, 1860 and Dowry Prohibition Act, 1961.

By using the power granted to it as per Section 482 of the CrPC, the High Court quashed the complaints as were made against the husband (petitioner).

Decision of the Court

The Court stated that as per the complaints made by the wife, the same stated very specific allegations made by her with regard to assault. The same in the eyes of the court appeared to be omnibus and vague in their understanding. As per the court, if the allegations had been made independently against the petitioners, the situation would have been different. But in this scenario, it is difficult to construe that the petitioners had committed the said offences.

Moreover, the court stated that it is important to note the date when the respondent had filed these complaints against the petitioner which was 25th December 2018 and whereas on 17th December 2018, the husband has already filed for a divorce with the respondent. Here it can be understood that the complaints made by the wife can be construed to have been made for pure retaliation basis and the same cannot be said to hold any ground.

Keeping in view all the above points, the High Court thereby allowed the petition and quashed the complaints made against the petitioner.

Conclusion

This case instils confidence in the judicial system of our country as there have been growing instances of misuse of the rights provided by the legal system. It is important to differentiate the true victim in such cases as many times because of these laws often innocent victims get trapped. Thereby, it is the court’s duty to differentiate when the laws are required to be applied and when they are being purely misused in order to fulfil some malicious aspirations. The same was witnessed in this case where the High Court took a stern stance and thereby quashed the complaints filed against the petitioner.

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