Dowry Death Cases Can’t Be Quashed Merely Based Upon Death Note Of Victim: Karnataka HC
The Karnataka High Court remarked that it is unfortunate that the age-old menace of dowry death still exists in our society today.
The Karnataka High Court held that the proceedings for the offences under Sections 498A and 304B of the Indian Penal Code (IPC) cannot be quashed merely based upon the death note of the victim.
The Court held thus in a Criminal Petition filed under Section 482 of the Criminal Procedure Code (CrPC), challenging the proceedings in a case registered for the offences under Sections 498A, 304B read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (DP Act).
A Single Bench of Justice M. Nagaprasanna observed, “The offences are the ones punishable under Sections 498A and 304B of the IPC. Therefore, merely based upon the death note of the victim, which at all times would require evidence of circumstances in which the suicide happens or the death note is scribed, quashment of the proceedings under Section 482 of the Cr.P.C. is not a course available to this Court.”
The Bench remarked that it is unfortunate that the age-old menace of dowry death still exists in our society today.
Advocate Narasimha Rajesh K.S. appeared for the Petitioners while Additional State Public Prosecutor (Addl. SPP) B.N. Jagadeesha and Advocate Manjunath K. appeared for the Respondents.
Facts of the Case
The Respondent was the Complainant i.e., father of the victim who was the wife of the Petitioner-accused (husband). The victim and the accused (Complainant’s daughter) got married in 2019. A few months after marriage, the relationship between the accused persons (husband and in-laws) and the victim allegedly strained. Due to such a strained relationship, barely after thirteen months of marriage, the victim allegedly died by committing suicide.
Resultantly, the Complainant i.e., the victim’s father registered a Complaint and since the offence in the chargesheet was the one punishable under Section 304B IPC, the matter was committed to the Sessions Court. Hence, a special case was registered and three years thereafter, the accused persons (Petitioners) approached the High Court, questioning the said proceedings.
Reasoning
The High Court after hearing the contentions of the counsel, noted, “At the outset, I deem it appropriate to consider whether the death note can be relied upon, to quash the proceedings in exercise of jurisdiction under Section 482 of the Cr.P.C., in the peculiar facts of this case.”
The Court said that too much emphasis is laid on the death note of the daughter of the Complainant. It added that the Apex Court considers those very issues and convicts or affirms conviction of the husband and the members of the family, notwithstanding the death note blaming none.
“It is rather unfortunate that the age-old menace of dowry death still exists in our society today. Though progression has happened on every front, the cases of this kind which project the menace of dowry death is regressive”, it further observed.
The Court, therefore, declined to interfere to obliterate the proceedings against the Petitioners-accused persons.
Accordingly, the High Court dismissed the Petition and refused to quash the proceedings against the accused.
Cause Title- Vikas C V & Ors. v. State & Anr.
Appearance:
Petitioners: Advocate Narasimha Rajesh K.S.
Respondents: Addl. SPP B.N. Jagadeesha, HCGP Harish Ganapathy, and Advocate Manjunath K.
