Telangana HC quashes 498A case against husband and parents: alleged acts in USA need S.188 CrPC sanction
The question: Whether previous sanction of the Central Government under Section 188 CrPC is needed to try an Indian citizen for matrimonial offences alleged mostly in the USA
The Telangana High Court (Justice T. Madhavi Devi), by a common order dated 7 March 2024 in Criminal Petition Nos. 6110 and 6074 of 2022, quashed C.C. No. 1873 of 2022 pending before the III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Ranga Reddy. The petitioners were the husband and his parents (accused Nos. 1 to 3). The Court held that previous sanction of the Central Government under Section 188 CrPC was required, because the alleged offences, except for one instance, were committed in the USA, and that the one alleged incident in India did not make out the offences charged. The husband and the complainant were both working in the USA on employment visas. They married on 3 October 2014 at New Jersey, and a marriage certificate was issued on 7 October 2014. They had a son and were later granted a divorce in the USA. On 15 December 2021 the complainant's father, as her GPA holder, lodged a complaint in India, registered as Crime No. 494 of 2021 at Women Police Station, Rachakonda, under Sections 498A, 417, 406 and 506 IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act. The police filed a charge sheet as C.C. No. 1873 of 2022. The accused filed petitions under Section 482 CrPC seeking quashing of the proceedings in C.C. No. 1873 of 2022. The order was passed in Crl.P. Nos. 6110 and 6074 of 2022. The order can be found on the Telangana High Court website under these case numbers.