Indian Penal Code, 1860
Section 498A—Cruelty and harassment in connection with dowry demand—Petition to quash FIR—Petitioners are family members of the husband of complainant—Specific allegations have been made dating back and complaint has been filed almost ten years thereafter—Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members—If only on such averment, the family members are to face agony of the trial, it would defeat the ends of the justice—Court must scrutinise the complaint/FIR to determine whether allegations are a case of clever drafting or have at least some element of truth in the same—Though the court is not expected to conduct a mini trial, the court also cannot be a mere spectator and refuse to exercise the power that is vested in it under Section 482 of CrPC, where it finds that the continuation of such proceedings would defeat the ends of the justice and would amount to insurmountable harassment, agony and pain to the accused and be an abuse of the criminal process—FIR and even consequential charge-sheet are based only on the averment made by second respondent in her complaint—Barring her statement/complaint, there is no other material placed on record by second respondent against the petitioners—Son of second respondent and neighbours, in their statements recorded under Section 161 of CrPC also do not make any allegations against petitioners—High Court would continue to have the power to entertain and act upon a petition filed under Section 482 of CrPC to quash the FIR even when a charge-sheet is filed by the police during the pendency of such petition—FIR and all other proceedings emanating therefrom against petitioners are quashed.
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