In relief for Mohammed Shameer and his family members, including his 80-year-old bedridden grandmother, the Karnataka high court has quashed the proceedings in a criminal case pending before a Davanagere court.
Based on a complaint lodged by Jasmine, wife of Shameer, from Chitradurga, the proceedings were initiated against them for dowry harassment, assault and other offences under the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Apart from Shameer and his grandmother, his parents, brother, sister-in-law and a distant relative were also named accused in the case.
Shameer and Jasmine got married on October 24, 2020. Soon after their marriage, differences started to occur between the two and she returned to her parents’ house.
Shameer filed a civil suit against Jasmine in March 2021 and the court restrained her from interfering in his household matters.

Three months later, he filed a petition seeking divorce. Jasmine filed a complaint against her husband and his family. Apart from dowry harassment, she claimed that he attempted to kill her.
The petitioners challenged the complaint, alleging it was only to counter the civil suit and divorce proceedings.
Citing the instance of the estranged husband’s 80-year-old grandmother named in the complaint, the petitioners said there cannot be a better case of abuse of the process of law. Jasmine did not respond to the notice, and the government advocate argued that since the chargesheet has been filed, the trial court should be allowed to proceed in the matter.

Justice M Nagaprasanna said every other member of the family has been dragged into these proceedings without any allegation and “even a bedridden woman is made an accused on bald and vague statements” in the complaint and summary of the chargesheet. The judge noted though section 323 of IPC (assault) has been invoked, no evidence has been produced to establish that an attempt to kill the complainant was made by the husband.

“Barring this allegation, every other allegation against the husband and other family members are in common. Permitting any further proceedings against the petitioners would become an abuse of the process of law..,” justice Nagaprasanna said.