Karnataka High Court grants liberty to man to prosecute wife over false and frivolous charges

In a notable ruling, the Karnataka High Court has granted a 35-year-old man the liberty to initiate legal proceedings against his wife for malicious prosecution under Section 211 of the Indian Penal Code (IPC). This Section deals with ‘False charge of offence made with intent to injure,’ following her false allegations, including dowry harassment, against him. The court observed that the wife had grossly misused the legal system, noting, “The complainant-wife, in gross misuse and abuse of the law, has set the criminal law into motion. Such frivolous cases registered by the wife have taken enormous judicial time...”

Justice M. Nagaprasanna delivered the order while allowing the husband's petition to quash the chargesheet filed by Bengaluru city police in 2022, effectively dismissing the criminal case against him. The 32-year-old wife had accused her husband of demanding dowry and harassing her, also alleging that he avoided a sexual relationship due to suspected health issues, possibly sexually transmitted diseases (STDs). However, the court found these claims to be baseless and a misuse of the criminal justice system.

The court's examination of records revealed that the wife had compelled her husband to undergo numerous medical tests for Hepatitis B, STDs, HIV, and syphilis, all of which returned negative results. She persisted in her claims of his potential HPV infection despite a certification from the U.S. confirming no physical signs of HPV or other infections. The court also noted that he had arranged multiple visa appointments for her, which she missed. She finally secured a visa on the fifth attempt but failed to join him in the U.S., citing communication issues.

Further, the court observed that the wife’s mother and brother, in their statements to the police, denied any dowry demands or harassment. The court stated, “The allegations are clearly a bogey projected by the wife as documents speak otherwise,” emphasizing that there was “not an iota of ingredient” supporting the charges against the husband. The couple, married in May 2020, failed in all conciliation efforts, with the wife demanding ₹3 crore for settlement, citing the husband’s substantial annual earnings were more than ₹2 crore.

After hearing the matter, the bench ordered “If the facts narrated hereinabove are noticed and as observed, the complainant has, in gross misuse and abuse of the process of the law, has set the criminal law into motion. Therefore, it becomes a fit case where the husband must be given liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC. Liberty is thus reserved to the husband, for such action to be initiated in accordance with law, if he so desires.”