The Telangana High Court has dismissed a petition seeking to quash criminal proceedings against a man accused by his former wife of dowry harassment and physical, sexual, and financial cruelty, ruling that the allegations warrant a full trial.
Justice N. Tukaramji held that charges involving sustained physical assault, mental harassment, sexual abuse, and financial coercion cannot be deemed inherently improbable, absurd, or groundless at the preliminary stage. The court determined that disputed factual circumstances, including the nature of money transfers and the delay in lodging the police complaint, must be settled through legally admissible evidence rather than dismissed at the threshold.
Allegations Of Sustained Abuse And Financial Extortion
The couple wed in April 2008. According to the police chargesheet, the woman was subjected to physical, emotional, sexual, and economic abuse from the outset of the marriage. The complainant stated that the man was a habitual drinker, maintained extramarital relationships, compelled her to view pornographic material, and concealed a venereal disease prior to their wedding.
The woman further alleged that after she took voluntary retirement in 2016, the petitioner pressured her into transferring Rs 10 lakh from her personal savings and retirement benefits. He subsequently demanded an additional Rs 25 lakh to renovate his property. When she refused, he allegedly assaulted her by pulling her hair, subjected her to further harassment, and ultimately abandoned her. The woman subsequently filed a complaint, leading to a police investigation and the submission of a chargesheet.
Matters For Adjudication At Trial
Challenging the proceedings, the petitioner argued that the accusations were vague, unsubstantiated, and failed to satisfy the essential elements of the alleged offenses. Opposing the petition, the complainant maintained that the chargesheet established a prima facie case.
In the ruling delivered on August 25, Justice Tukaramji observed that an extramarital relationship on its own does not automatically constitute cruelty under Section 498-A of the Indian Penal Code. The court explained that whether the petitioner’s overall conduct amounted to statutory cruelty can only be evaluated after evidence is examined during trial.
Addressing the monetary transfers, the court stated that whether the Rs 10 lakh and the subsequent Rs 25 lakh demand represented routine financial transactions or dowry demands linked to the marriage is a contested question of fact. The bench also held that the delay in filing the complaint does not justify quashing the prosecution, as any impact on the complainant’s credibility must be tested before the trial court.
Dissolution Of Marriage And Post-Divorce Allegations
The marriage was legally dissolved in December 2021 by a family court, which also directed the man to pay Rs 10 lakh to the woman as permanent alimony.
The woman subsequently filed a separate complaint stating that the man continued to threaten and harass her through phone calls, emails, and text messages even after their divorce.
