This is an old judgment from 2003. This quash (Section 482) petition belongs to one of the oldest members of the movement to end the abuse of 498A. This judgment also has the FIR reproduced in full. The FIR looks a lot like the FIR filed by my ex-wife against myself and my family. It looks like a formula is being applied for filing FIRs, but again, that is just my opinion. An appeal to the Supreme Court challenging the quash, also led to the same verdict. This ended the Katti 498A case, a great victory for SIF.
Here is the judgment: Karnataka HC Quashes Pandurang Katti 498A-2003
Here are some observations from this judgment:
“As regards to the alleged beating of the respondent number 2 by the petitioner no 2 it is submitted by the learned counsel for the petitioners that it is absurd even to think that an old lady of 65 years would beat an independent minded educated young lady who also happens to be a state cricket player. I refrain from expressing any opinion regarding the truthfulness or otherwise of the matter but find that even if such a beating as alleged had been done for one day that can be termed only as a quarrel between mother in law and daughter in law and by no stretch of imagination it can be brought under the purview of an offense under section 498a of the IPC.”
With regards to this the observations made by the Andhra Pradesh High Court in the case of Saritha Vs R.Ramachandra reported in (I) (2003) DMC 37 (DB) may be referred to:
“The court would like to go on record that for nothing the educated women are approaching the courts for divorce and resorting to proceedings against in-laws under section 498A, IPC implicating not only the husbands but also their family members whether in India or Abroad. This is nothing but misuse of the beneficial provision intended to save the women from unscrupulous husbands. It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the court and the sanctity attached to the marriage in Hindu Religion and the statutory mandate that the courts try to save the marriage through conciliatory efforts till last, are being buried neck-deep. It is for the law commission and the parliament either to continue that provision (section 498a IPC) in the same form or to make that offense non cognizable and bailable so that ill-educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egoistic women “