The Karnataka High Court has quashed the criminal case registered against a man accused of wrongfully confining a missing pet cat named Daisy. The proceedings, initiated by a complaint from the pet’s owner, were criticised by the court as a misuse of the criminal justice system, with the judge noting that the matter had transformed into a melodrama woven around a cat.

The case stemmed from a complaint lodged by Nikitha Anjana Iyer, who claimed that her pet cat Daisy had gone missing and was being held by her neighbour Taha Husain. She alleged that the cat, which had jumped between houses, had ended up in Husain’s residence, and despite repeated attempts to retrieve her pet, he wrongfully kept the animal. Based on her statement and submitted CCTV footage, a case was registered at Hebbagodi Police Station under IPC Sections 504, 506 and 509.

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However, Justice M. Nagaprasanna, while delivering the order in Criminal Petition No. 12290 of 2023, questioned how such a complaint was even entertained by the police, stating, If the contents of the complaint are seen, it shocks the conscience of the Court... as there is no offence indicated in the complaint, except missing cat and alleged wrongful custody.

The judge remarked that the complaint initially invoked Sections 428 and 429 (mischief by killing or maiming animals), but these were later dropped in the chargesheet. Despite that, charges under Sections 504 (intentional insult), 506 (criminal intimidation), and 509 (insulting the modesty of a woman) were retained—an action the court found unsupportable.

"Not even a titter of ingredient of offence under Section 504 or 506 of the IPC is found," the court noted, further adding that applying Section 509 in this situation was a "mystery."

In her complaint, the woman alleged that her pet was treated like her child and that she had suffered emotional trauma and harassment. She insisted the police register an FIR, claiming her rights were being violated. However, the court observed that there was not even a non-cognizable offence on record.

During the hearing, the petitioner's counsel argued that the cat was not confined and was frequently seen moving between apartments through windows, as visible in the CCTV footage. He also stressed that such a frivolous case only served to clog the already burdened criminal justice system.

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In strong words, the court expressed its disapproval over the police's involvement, stating, "The Police too, deserve stern admonishing, for allowing themselves to be swept into whimsical pursuit of justice for a cat named Daisy." It said that such cases misuse legal provisions and serve only personal grievances.

"If proceedings of this nature are permitted to continue, it would be a travesty and putting a premium on the litigious persistence of the complainant and reducing the criminal justice system to conduct a trial, in a melodrama woven around a cat," Justice Nagaprasanna stated.

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While the court quashed the proceedings against the petitioner, it also noted that the complainant was absent and unrepresented during the hearing. As a result, the court refrained from granting the petitioner liberty to initiate proceedings for malicious prosecution but hinted that such an action could be considered under different circumstances.

Case Title: Taha Husain AND State of Karnataka & ANR

Case No: CRL.P 12290/2023