The Karnataka High Court has dismissed a husband's complaint accusing his wife of conspiring to murder him and his mother through black magic. The husband alleged that he uncovered WhatsApp messages between his wife and her friend, which he claimed discussed the alleged plot.

The Karnataka High Court, under the single-judge bench of Justice M. Nagaprasanna, granted relief to the wife by allowing her petition challenging a Magistrate Court's order that had directed further investigation based on her husband's private complaint. The court highlighted that a Magistrate, before referring a matter for investigation under Section 200 of the Cr.P.C., must not do so mechanically.

The order should reflect an application of mind to prevent frivolous cases from advancing. The court criticized the order for lacking thoughtful consideration, noting that a simple marital dispute had been escalated with serious allegations of black magic, theft, and attempted murder.

On February 21, 2023, the husband filed a complaint alleging that his wife and her friend had conspired to murder him and his mother using 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 offenses), and 34 (acts done by several persons in furtherance of common intention). It also cited 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 constituted an abuse of legal process, lacking the fundamental elements required to substantiate a charge of attempted murder. They asserted that the allegations under the Black Magic Act were unfounded.

In contrast, the husband maintained that the WhatsApp messages provided sufficient evidence to support his claims, asserting that invoking the offence of attempted murder was justified.

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 noted that the Act necessitates proof of actual performance of inhuman or evil acts. In this case, the court found no evidence supporting such acts, describing the husband's claims as vague and baseless. The court remarked, “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.”

As a result, the court quashed the prosecution against the wife and her friend, determining that the complaint lacked merit.

In a related petition where 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, as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961, the court quashed the complaint against the mother-in-law but allowed proceedings to continue against the husband.