LI Network
Published on: December 24, 2023 at 12:17 IST
The Karnataka High Court has dismissed criminal charges of intimidation and trespass filed by a woman against her former husband.
The charges arose when the husband visited her residence to meet their daughter in accordance with court-granted visitation rights.
Justice M Nagaprasanna, in a ruling under Section 482 of the Criminal Procedure Code, quashed the charges under sections 504, 506, and 448 of the Indian Penal Code.
The divorce compromise between the parties included an agreement for the husband’s visitation rights to see their daughter every Saturday from 3 p.m. to 5 p.m. at either the wife’s residence or a neutral location. The wife rescheduled the visitation to a later date through email communication.
The complaint alleged that despite rescheduling, the husband attempted to visit on the original date, entering the apartment complex and forcing his way in when denied entry.
The petitioner argued that he had valid visitation rights and sought to interact with his daughter during the scheduled visitation hours.
The Court noted that the wife’s rescheduling effectively denied the husband visitation on the initial date. It observed that the husband’s actions, fueled by his desire to meet his daughter, did not constitute criminal trespass with criminal intent.
The Court held that the husband, having a legitimate visitation right on the intended day, was compelled to find an alternative means to meet his daughter. Describing it as the father’s anxiety to meet his daughter, the court deemed the charges an abuse of legal provisions for settling personal scores.
Consequently, the Court allowed the plea, quashing all criminal proceedings against the petitioner.
Case Title: Anupam Singh Tomar AND State By Kothanur Police & Another
