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Hon’ble Justice P S Dinesh Kumar of Karnataka High Court in the recent case passed an Order directing woman to pay Rs 25,000 to ex-husband for abusing the process of law by registering the case under section 498A of IPC to harass husband also quashes the criminal case. The court said that “this is an unfortunate case of a highly harassed husband by abuse of process of law.”
Faisal Ahmed Khan, a mechanical engineer working in Kuwait, UAE, had married complainant on 21/07/2008 in Mysore. A female child was born to them. The woman did not agree to join the petitioner to go abroad. To save the marriage, he resigned from his job. In September 2011, the complainant left the matrimonial home on the pretext of attending her sister’s engagement ceremony along with her belongings such as clothes and jewellery. Thereafter, she never returned to the matrimonial home. Subsequently, the petitioner got another job in Bahrain. Complainant refused to join him to travel abroad. Khan left for Bahrain alone on 05/02/2012. On 07/04/2012, the woman lodged a police complaint in Woman Police Station, Mysore city alleging harassment and demand dowry against six accused. Petitioner filed an application for discharge which came to be rejected by the session court. The petitioner challenges this before the High Court.
The bench observes that “this is a classic case in which a complainant by initiating a criminal proceeding under section 125 of Criminal Procedure Code and Section 498A of IPC against the petitioner has abused the said provision.” Rejecting the entire allegation levelled by the woman against the petitioner court said the “the complaint is full of the unbelievable and self-contradicting allegation. Neither the prosecution no the complainant has placed any other material which may suggest the commission of any of the alleged criminal act by the petitioner. Therefore, it can be safely concluded that allegation against the petitioner is designed to harass him.”
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