Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of—Prayer for quashing of FIR registered under Sections 498A, 504, 323 & 506 read with Section 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act—Complaint contains several allegations against petitioners—In the complaint there is specific allegation about assault made out against all the petitioners—Allegations appears to be omnibus and absurd in nature—Unless, there are no allegations made out against each petitioners independently, it cannot be construed that the petitioners have committed the offence—Husband had filed divorce petition before the Family Court—As a token of retaliation, the second respondent filed complaint against all the petitioners—Criminal case filed by wife, in respect of cruelty, dowry harassment against husband and in-laws loses its significance, in case the complaint is made, after receiving the divorce notice from her husband—Fit case to exercise the inherent jurisdiction to quash the proceedings—Petitions allowed.
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