The Kerala High Court has ruled that the Trial Court should not continue with criminal prosecution under Section 498A of the IPC without prior sanction from the Central Government when the offence of marital cruelty was committed entirely outside India by an Indian national.
As a result, Justice A. Badharudeen quashed the criminal proceedings against the husband under Section 498A IPC due to the lack of prior sanction from the Central Government as required by Section 188 CrPC.
“In the instant case, it is perceivable that the entire allegations, which would attract offences under Section 498A of IPC alleged to be committed by the 1st accused is outside India, and the matter definitely would come with the ambit of Section 188 of Cr.P.C. Therefore, the present proceedings without obtaining prior sanction as contemplated under Section 188 Cr.P.C. is vitiated.”
The husband approached the High Court to quash the final report filed against him, arguing that no sanction had been obtained from the Central Government under Section 188 CrPC for initiating criminal prosecution. He contended that all allegations of marital cruelty occurred while the complainant was residing with him in Australia.
On analyzing Section 188 CrPC and Apex Court judgment in Sartaj Khan v. State of Uttarakhand, the Court held that there was no necessity of any sanction if a part of the offence was committed in India. “At the same time, if part of the overt acts or at least one instance among the overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases,” clarified the Court.
In this case, the Court determined that all allegations against the husband occurred while they were residing in Australia. Consequently, it held that the offence could not be investigated or tried without prior sanction from the Central Government.
Therefore, the Court quashed the criminal proceedings against the husband.
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