Marriage Dissolved, Chargesheet U/S 498A Without Any Substance’: Karnataka HC Quashes Proceedings

October 17, 2022by Primelegal Team0

The charge sheet filed on the basis of omnibus and general allegations is without any substance, according to the Karnataka High Court, which quashed a case filed by a woman against her ex-husband and in-laws under section 498-A (dowry harassment).

Dr. Shahul Hameed Valavoor and others were successful in their petition to have charges dropped against them for violating Sections 498A read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Justice Hemant Chandangoudar presided over the case..

FACTS OF THE CASE

The prosecution claims that the couple wed in 2009 in accordance with the norms and practices of Islam, and that after their marriage, both of them continued to live at the marital home along with the other defendants. It was asserted that the accused No.1 (husband) and respondent No. 24 (complainant) traveled to the United States of America in the month of December 2011, bringing the child with them. They went back to India in 2016 and continued to reside there throughout their time there. respondent No. 2 was harassed by the accused in order to coerce her into bringing dowry for the purpose of accused No. 1’s continued education in the United States. The second respondent went in February of 2017.

In May of 2018, she went to the home of a cues number 2 to 4, but she was turned away when she tried to enter, according to further allegations.

JUDGEMENT AND ORDER

The charge sheet filed on the basis of omnibus and general allegations is without any substance, according to the Karnataka High Court, which quashed a case filed by a woman against her ex-husband and in-laws under section 498-A (dowry harassment).

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Judgement reviewed by Deepa Bajaj.

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Primelegal Team

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