Sarvan Kumar, former husband of informant/respondent no. 1 – Sarvan Kumar and the informant/respondent no. 1 – Sarvan Kumar and the informant/respondent no. The appellants had filed a petition under Section 482 of the Code of Criminal Procedure Code, 1973 to quash the charge sheet dated 20.07.2017. 1 – Mahalakshmi had cursed the informant/respondent no. 2 – Rekha Bhaskaran, has filed an appeal challenging the decree. 1, 2 and 3, namely Sarvan Kumar, Surendra Prasad and Malathi Prasad, respectively.
Having considered the charge sheet filed, we are of the view that the assertions made therein are very vague and general.4 One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC. Given that the appellants were not residing at the marital home, and appellant no.1 was not even living in India, the absence of specific details that constitute cruelty, we would accept the present appeal.
Accordingly, we quash the criminal proceedings against the appellants. However, we clarify that if any material comes on record during the recording of evidence, it will be open to the trial court to take recourse to Section 319 of the Code and proceed following the law. We also clarify having not made any comments or observations on the allegations by the informant/respondent no. 2 – Rekha Bhaskaran and the charge sheet dated 20.07.2017, against accused nos. 1, 2 and 3, namely Sarvan Kumar, Surendra Prasad and Malathi Prasad, respectively.
The appeal is allowed and disposed of in the above terms. There will be no order as to costs. Pending application(s), if any, shall stand disposed of.
Case Title: MAHALAKSHMI Vs. THE STATE OF KARNATAKA
Case Number: Crl.A. No.-000494-000494 / 2023
