REPORTED BY: Aamna Rabiya Shaikh
Location: Andhra Pradesh High Court
The Andhra Pradesh High Court has quashed criminal proceedings against an NRI brother-in-law and sister-in-law in a matrimonial dispute involving allegations of cruelty, criminal intimidation and dowry-related offenses. The Court held that prior sanction of the Central Government was required for prosecuting the accused for alleged offenses committed outside India. The case arose from allegations made by a woman against her husband and his family members. According to the case records, the woman travelled to the United States in December 2020 on a student visa. She alleged that she was subjected to physical and mental harassment and that her brother-in-law and his wife also harassed her while she was in the United States.
There was also an allegation of a demand for ₹1 crore as additional dowry. The allegations were also related to certain incidents after the woman returned to India. Criminal proceedings were initiated against the brotherin-law and sister-in-law under Sections 498-A and 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The accused approached the High Court seeking quashing of the proceedings. One of the main issues before the Court was whether the allegations concerning incidents in the United States could be prosecuted in India without obtaining the sanction required under Section 188 of the Code of Criminal Procedure. Justice Tuhin Kumar Gedela of the Andhra Pradesh High Court observed that Section 188 CrPC requires prior sanction of the Central Government before an offense committed outside India can be inquired into or tried in India.
The Court found that the required sanction had not been obtained in relation to the alleged offenses committed in the United States. The Court also examined the allegations concerning the incidents allegedly committed in India. It found that the allegations against the petitioners were vague and general and did not contain sufficient specific details or the necessary ingredients to attract the alleged offenses. The High Court therefore allowed the petition and quashed the criminal proceedings against the brother-in-law and sister-in-law.
The decision highlights the importance of following statutory procedures when criminal allegations relate to acts allegedly committed outside India. It also shows that courts may examine whether allegations contain sufficient specific facts and the necessary legal ingredients before allowing criminal proceedings to continue.
Case Details: Case Title: X v. State of Andhra Pradesh & Ors.
Criminal Petition No.: 5220 of 2023 Court: Andhra Pradesh
High Court Judge: Justice Tuhin Kumar Gedela
