Indian Penal Code, 1860
Sections 406 & 498A—Quashing of proceedings—Prayer for—Factum of alleged mental and physical torture and allegation of cruelty upon de-facto complainant not proved—Prima facie offence punishable under Section 498A/406 IPC against petitioner has not made out—Wife has left the matrimonial home with instigation of her mother and brother—Petitioner/ husband has tried several times to get her back and filed several complaints and applications before several authority—To counter the efforts of the petitioner the wife has lodged the instant written complaint on the basis of which criminal proceeding was initiated—If the criminal proceeding is allowed to be continued the same would be tantamount to be an abuse of process of court—Proceedings quashed as prayed for.
[Paras 12 & 13]