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Synopsis

The Karnataka High Court has quashed a complaint filed by a husband accusing his wife of conspiring to murder him and his mother using black magic. The husband claimed to have discovered WhatsApp chats between his wife and her friend discussing this plot.

The court, presided over by a single judge bench of Justice M. Nagaprasanna, allowed the wife’s petition challenging the order of a Magistrate Court that had directed further investigation based on the husband’s private complaint. The court observed that “It is trite law that the learned Magistrate prior to referring the matter for investigation on a complaint filed invoking Section 200 of the Cr.P.C. cannot so do mechanically. The order referring the matter for investigation should bear application of mind in order to nip, frivolous cases being filed, at its bud,” emphasising that the order lacked any indication of thoughtful consideration, pointing out that a simple marital dispute had been exaggerated with allegations of black magic, theft, and attempted murder.

The husband filed the complaint on February 21, 2023, alleging that his wife and her friend had conspired to murder him and his mother through black magic. The complaint was registered under several sections of the Indian Penal Code (IPC), including Sections 380 (theft), 411 (dishonestly receiving stolen property), 506 (criminal intimidation), 307 (attempt to murder), 511 (attempting to commit offences), and 34 (acts done by several persons in furtherance of common intention). Additionally, it invoked Section 3 of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.

The wife’s counsel argued that the complaint was an abuse of the legal process, lacking the basic ingredients required to substantiate a charge of attempted murder. It was contended that the allegations under the Black Magic Act were baseless.

In response, the husband maintained that the WhatsApp messages provided enough evidence to support his claims, arguing that the offence of attempted murder was rightly invoked.

After examining the complaint and the WhatsApp messages, the court concluded that the husband’s complaint was a retaliatory measure, filed in response to a dowry harassment case initiated by the wife. The court noted that the husband's allegations of theft were related to incidents that allegedly occurred in 2020 and July 2021, but the complaint was filed only in 2023, raising doubts about the credibility of the claims.“The theft that the husband alleges has happened three years ago. The Black Magic Act has been deliberately brought in without any iota of ingredients and for offence punishable under Section 307 of the IPC there is not even preparation or attempt to murder,” the court stated.

Regarding the allegations under the Black Magic Act, the court observed that the Act requires proof of actual performance of inhuman or evil acts. In this case, the court found no evidence of any such acts, dismissing the husband’s claims as vague and baseless. “There is no act performed, neither an attempt to perform any of the ingredients of the Black Magic Act. The Whatsapp chats are completely vague. Therefore, the husband has undoubtedly indulged in a proceeding, as a counterblast to the registration of the crime by the wife,” the court held.

Consequently, the court quashed the prosecution against the wife and her friend, concluding that the complaint lacked merit.

However, the court also dealt with a related petition in which the husband and his mother sought to quash the wife’s complaint under Sections 498A (cruelty by husband or relative), 323 (voluntarily causing hurt), and 34 of the IPC, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961. While the court quashed the complaint against the mother-in-law, it allowed proceedings to continue against the husband.

 

Cause Title: Mohammed Shahid & ANR vs. State of Karnataka & Another [CRIMINAL PETITION No.9653 OF 2023]