The Karnataka High Court quashes wife’s criminal complaint against husband for refusing money to perform a Pooja ceremony.

The Karnataka High court allowed for the quashing of the proceedings initiated by the wife against the husband under sections 498A, 504, 506 of the IPC. Both husband and wife were married for 15 years and have a 14 year old son. The criminal complaint has originated from a trivial issue of husband refusing money to the wife to perform a Pooja ceremony. The High Court has observed that the charges were so frivolous that it did not warrant the continuation of the proceedings before the trial court.
 
The Court observed thus:
 
“The complaint is so vague as it would fetter vagueness itself. The investigation has led to filing of the charge sheet, without rhyme or reason, fortunately leaving out the parents, in the charge sheet. It is filed only against the husband and against the husband what is found is as afore-quoted. Therefore, the offence punishable under Section 498A is recklessly and loosely laid against the petitioner.”
 
“If the complaint in its entirety and the summary of the charge sheet are juxta-posed, to be read in tandem it would nowhere indicate any ingredients of offences punishable under Sections 498A, 504 or 506 of the IPC.”
 
“The facts narrated hereinabove would clearly indicate that the dispute is a trivial squabble erupted between the husband and the wife. Where from ingredients of Section 503 can spring is a mystery and on such mystery Section 506 is also loosely laid against the petitioner. Therefore, the Investigating Officer could not have used Section 504 or Section 506 in the manner that it is roped in.”
 
“Criminal proceedings are sought to be conducted on glorified trivialities between the husband and the wife. If criminal proceedings on such trivialities are permitted to continue, it would be putting a premium on such allegations made in every case.”

Vivekananda Kemali and State of Karnataka & ANR