Indian Penal Code, 1860
Sections 323, 341, 354, 379 & 498A read with S. 34—Demand of dowry and harassment—Quashing of FIR declined by High Court—Appeal—Appellants are in-laws of complainant—Allowing the prosecution in the absence of clear allegations against the relatives of the husband would amply result in the abuse of process of law—When there are general and omnibus allegations made against relatives, they cannot be forced to undergo the rigour of trial—Criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused and such an exercise must be discouraged—Courts have to be vigilant in permitting prosecution of relatives of husband, since there is tendency of false implication on the basis of vague or omnibus allegations—Impugned order passed by High Court is set aside and impugned FIR stands quashed—Appeal allowed.
[Paras 19 to 24]
Section 498A—Misuse of section—Apex Court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused—False implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law—Apex Court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.
[Para 18]