High Court ruled out neighbor involvement in dowry case

High Court ruled out neighbor involvement in dowry case

 


The Karnataka High Court ruled that neighbors cannot be carelessly pulled into dowry harassment cases, quashing criminal proceedings against a Bengaluru woman involved in a marriage dispute between a couple in her neighbourhood.

Asha G was granted relief by Justice M Nagaprasanna, who noted that "a stranger cannot be drawn into the proceedings for offences under Section 498A of IPC, between the husband, wife, or family members."

The case started when Munirathnamma filed a complaint at the Mahalakshmi Layout police station on February 13, 2021, accusing her husband Muthuram, his family, and neighbour Asha of harassment and cruelty.

Police submitted a chargesheet naming Asha as accused no. 5 after registering a case under IPC sections 498A, 504, 506, and 323. They claimed Asha had encouraged Munirathnamma's husband to abuse her.

Asha challenged the proceedings, arguing that she was "just a neighbor" and had no involvement at all in the complainant's married life.

She contended that she had been arraigned as an accused due to a "axe to grind" and that the single accusation of instigation was insufficient to drag her into a dowry harassment case. Munirathnamma insisted that Asha should be put on trial because she was the "reason" behind her husband's actions.

The petitioner's name appeared "nowhere except for the contention that she instigated the husband to torture the wife," according to Justice Nagaprasanna. The court determined that Asha did not fit the criteria of "family" as defined under Section 498A.