Karnataka HC Directs Woman To Pay Cost Of RS 25,000 To Ex-Husband For Abusing Process Of Law By Registering Case Under Section 498A IPC To Harass Husband Also Quashes Criminal Case. .
This is an unfortunate case of an highly harassed husband by abuse of process of law," the Karnataka High Court observed while quashing a criminal case registered against a man by his ex-wife under section 498-A of the India Penal Code. The court directed her to pay a cost of Rs 25,000 to the ex-husband.
The court said it cannot be gainsaid that disclosure of a previous subsisting marriage causes immense mental pain and agony to a husband. Complainant has, though unsuccessfully, driven the petitioner to various Courts unabatedly. It started with complainant initiating proceedings under the provisions of DV Act followed by proceedings under Section 125 Cr.P.C. Judicial findings have been recorded by the learned Trial Magistrates in both proceedings with regard to complainants' conduct.
The bench added that "This is a classic case in which a complainant by initiating criminal proceedings under Section 125 Cr.P.C and Section 498A IPC against the petitioner has abused the said provisions."
Rejecting all the allegations levelled by the woman against Khan of harassment the court said "The complaint is full of unbelievable and self contradicting allegations. Neither the prosecution nor the complainant has placed any other material which may suggest commission of any of the alleged criminal act/s by the petitioner. Therefore, it can be safely concluded that allegations against petitioner are designed to harass him."