Indian Penal Code, 1860
Sections 498A, 376 and Sections 3 & 4 of Dowry Prohibition Act—Refusal by the High Court to quash FIR—Appeal—Allegation of dowry harassment against husband and in-laws and primary allegation of rape against brother-in-law—FIR was registered about two months after the divorce petition was filed by third appellant/husband—After investigation by two different investigating officers under the supervision of SSP, no charge-sheet was filed for alleged offence under Section 376 of IPC—No protest petition has been filed by second respondent/complainant protesting the non-inclusion of Section 376 IPC in the charge-sheet—Statements of witnesses examined by police reveal that there are allegations against accused persons of general and omnibus nature, and no specific details have been provided—Divorcing the allegations under Section 376 IPC from the FIR, nothing remains in the FIR that is specifically alleged against appellants—FIR contains no information in regard to the date or time that the alleged offence took place—Proceedings before the Family Court in matrimonial case have resulted in a decree of divorce and re-marriage of husband has also taken place subsequently—FIR is vexatious and seems to be instituted with an ulterior motive only because husband preferred a divorce petition much prior to filing of the FIR against all the family members—FIR and charge-sheet in the matter deserve to be quashed—Appeal allowed.
[Paras 12 to 14 & 19]