Man seeks divorce, but can't ignore murder charge: HC

NT Correspondent

Bengaluru: The Karnataka High Court has said that the attempt to murder complaint filed by the wife against husband cannot be ignored and considered a counterblast complaint just because the latter had sought divorce from her before the complaint was filed.

“The complaint clearly makes out the ingredients of the offence under Section 307 of the IPC which deals with attempt to murder. Strangulation and giving blows on the back is what is alleged in the complaint. If these ingredients are to be ignored and brushed aside merely because the complaint is registered immediately after receipt of the notice of divorce or amicable settlement for dissolution of marriage, it would lead to a disastrous effect,” Justice M Nagaprasanna said in his judgment.

The husband, 33, from JP Nagar, Bengaluru, approached the HC against the criminal complaint filed by his wife, 24, who is currently living in Mysuru. He challenged the complaint under Sections 498A (subjecting woman to cruelty), 307 (attempt to murder) and 506 (criminal intimidation) of the Indian Penal Code (IPC) and under Section 3 and 4 of the Dowry Prohibition Act.

The couple was married in April 2021 and the wife left the matrimonial house in August 2022. Does not lose significance The husband sent her a legal notice in October 2022 for settlement of dispute between them for the purpose of dissolution of marriage.

The wife registered a criminal complaint against the husband in December 2022. The counsel for the husband argued in the HC that “the FIR should be quashed on the sole ground that the crime is registered after the receipt of a notice seeking dissolution of marriage. The HC however did not accept this argument.

“As in a given case, if the allegations of torture are made over a period of time, say a year or two or even in the immediate past of the complaint and ‘the husband issuing a notice for divorce simultaneously or immediately before the complaint, will not and can by no stretch of imagination result in the complaint rendering itself insignificant,” the HC said. The HC refused the contention of the advocate for the husband that the complaint loses significance because there were other cases by the wife.

“It is no doubt true that there are cases after cases where members of the family are dragged into the web of crime by the wife. The offences are justified in some cases and offences are in abuse of the process of law in some cases. Therefore, it is to be considered on a case to case basis. There cannot be a declaration of law that once the divorce notice is sent by the husband, the complaint registered by the wife thereafter loses its significance,” it said.

Though the petition was dismissed, the HC made it clear that it was an observation only for the purpose of the petition and should not influence the investigation or other cases between the parties.

“It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of the petitioner under Section 482 of CrPC and the same shall not bind or influence the investigation against him in Crime No.61 of 2022 or any other proceedings,” the HC said. (CrLP 1511/2023)