Factual Background 

In the case of Naresh Gundyal v.State, a plea was filed by a wife against her husband and in-laws with regard to cruelty and dowry harassment. The petitioner and respondent’s marriage was solemnised, and it was claimed that the dowry was delivered at the time of the wedding in the form of money, gold, and various home items. The woman continued to live with her in-laws because she didn’t speak Hindi or Marathi and the husband was employed by a private company in Pune. The woman allegedly endured constant harassment and, fed up, moved in with her husband in Pune with the condition that she refrain from calling any of her family there. The wife filed accusations against her husband and in-laws because they had repeatedly attacked her and her family.

Issue 

Whether the Court has the authority to dismiss charges against the petitioners made in accordance with the Penal Code of 1860 and the Dowry Prohibition Act of 1961 under Section 482 of the Civil Procedure Code

Courts Conclusion 

The criminal action brought by a wife against her husband and in-laws for cruelty and dowry harassment loses weight when it is brought after the wife has received a divorce notice from the husband, the Karnataka High Court single judge Bench of Justice S. Rachaiah ruled.

The wife’s lawsuit involves a particular claim of assault, the Court said, but the case overall appears to be broad and ludicrous. According to the Court, it cannot be assumed that the petitioners have committed the acts unless the claims against them independently are not proven to be accurate. The court made notice of the fact that the husband had petitioned for a divorce before the Solapur Family Court on December 17, 2018 and that the wife had filed a complaint on December 25, 2018, in apparent retaliation. As a result, the court granted the petition and dismissed the criminal case.