The Karnataka High Court, while hearing a case recently, has held that Dowry harassment complaint filed by wife cannot be quashed on the ground that husband had sent notice demanding divorce in response to which wife has filed dowry harassment complaint. The husband had filed a petition in the High Court seeking quashing of the complaint filed by the wife on the same grounds.The High Court dismissed the petition and refused to quash the dowry harassment complaint on the above grounds. As per the case, the couple was married in April 2021. According to the allegations leveled by the wife, she had left her matrimonial home in August 2022 following dowry demands and torture. Thereafter, in October 2022, the husband sent a legal notice to the wife seeking divorce for amicable settlement of the dispute. In December 2022, the wife filed a complaint against the husband under sections 498A, 307, 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Act. The husband argued in his favor that the above complaint was lodged by the wife when she had sent a legal notice to the wife seeking divorce amicably. In response to the said legal notice, the wife has lodged a complaint of dowry harassment. Therefore, the complaint of dowry harassment lodged by the wife is without merit. Complaint lodged by wife does not constitute offense of dowry harassment. There is no merit in sending a legal notice of divorce and a complaint of dowry harassment in response. The husband referred to an old decision of the Karnataka High Court and said that the Hon'ble High Court had ordered the cancellation of the wife's complaint in a similar case. The court was of the view that there could be many such cases where the wife unnecessarily implicates her in-laws in criminal cases. Section 498A of the Indian Penal Code is used for this. However, each case must be considered on the basis of the allegations made. The Court disagreed with the said judgment which had held that if a complaint is filed by the wife after the receipt of the notice seeking dissolution of the marriage, then the complaint can be ordered to be quashed. ,The court said that after receiving the legal notice sent by the husband, the wife has filed a complaint in response to the same, therefore, such complaint has no merit. If this argument is accepted, than it will be contrary to the interests of women and the purpose for which the provision of 498A in the Indian Penal Code has been made. Referring to the present case, the court has observed that there are several allegations of physical and mental harassment to the wife. The wife alleges that the husband tried to kill her by strangling her. There is also an allegation of injury to the spinal cord.In view of such allegations, it cannot be said that the complaint was lodged by the wife in response to the notice.
