BENGALURU: Karnataka high court has observed that mere assertion that in-laws “instigated” the husband or used abusive language, without any specific instance of such misdemeanour, cannot form the foundation for criminal prosecution. Quashing the proceedings against one Abeda, her husband Mohammad Runkuddin Jumna, and five others, Justice Sachin Shankar Magadum noted that if the court declines to exercise its inherent jurisdiction, then the petitioners “would be unnecessarily subjected to the rigmarole of criminal prosecution”.Under the circumstances, continuation of proceedings against the petitioners would amount to abuse of the process of law, Justice Magadum observed. The couple, residents of Kalaburagi city, along with their family members, had challenged FIR registered by women’s police station and pending proceedings before local court, based on a complaint filed by Tehseen Begum, their daughter-in-law.The petitioners stated Tehseen had acknowledged in her written complaint dated July 22, 2023, that she lived separately, with her husband Nooruddin Jumna. “All allegations pertaining to neglect, marital discord, & harassment are specifically directed only at Nooruddin. There are absolutely no individual or specific allegations against any of us.” Justice Magadum noted, “The complainant explicitly acknowledges there was a family partition, pursuant to which, a separate residential portion comprising three rooms was allotted. This itself indicates that the petitioners lived separately and did not share the common household with the complainant.” He added, “The complaint repeatedly refers to the prolonged stays of Nooruddin in Gulf region, which appears to be the primary reason for marital discord. The allegations against the petitioners are, therefore, unsubstantiated, lacking any particulars of date, time, place, or specific acts.”
