Karnataka high court quashes dowry harassment case against in-laws, but allows trial against husband
The case involves two individuals who met in their college years. The complainant frequently visited the man's residence, occasionally threatening self-harm if marriage was refused. This led to the man's father filing a police complaint on Oct 23, 2021, at Subramanyanagar police station. Following police intervention, the woman provided a written assurance to cease troubling the family.
Subsequently, the couple eloped to Hassan, marrying on Jan 12, 2023, with registration completed on Jan 13, 2023.
They lived separately, with the family unaware of these developments. The relationship deteriorated shortly after, leading to woman filing a complaint alleging various offences, including forced sexual relations when she was underage, brutal assault post-marriage, and stalking with threats to expose private content which the man allegedly recorded on his mobile.
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The complaint also included charges under multiple acts, including SC/ST Prevention of Atrocities Act,
Pocso Act
, Dowry Prohibition Act, Information Technology Act, and various BNS sections.
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The other accused were charged with public abuse under the Atrocities Act.
The petitioners contested these allegations, arguing no prima facie case existed. They maintained the marriage was voluntary, and the complaint emerged as retaliation to divorce proceedings. Earlier complaints did not mention sexual assault claims, which were later added, citing incidents from Aug 4, 2019, Sept 4, 2019, and Sept 29, 2019.
The court found allegations against petitioners 2 to 4 (parents and relative) lacking substantial evidence and legal basis. Justice Nagaprasanna also observed the requirements for offences under Sections 3(1)(r) and 3(1)(s) of the Atrocities Act, particularly regarding public humiliation based on caste, were absent.
However, the judge maintained proceedings against the husband, citing serious allegations including Pocso Act violations and rape charges prior to marriage, which necessitate a complete trial.
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