Indian Penal Code, 1860
Sections 498A, 323, 324, 304, 420, 504, 506 & 34 and Sections 3 & 4 of the Dowry Prohibition Act—Cruelty and dowry harassment—Petition to quash FIR—First petitioner was paramour and second petitioner is the mother of first petitioner—A paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC thus, tumbles down the offence under Section 498A of IPC qua the first petitioner—If the other offences alleged are pitted against what is narrated in the complaint, none of ingredients of any of the offences can be found against the first petitioner as the others offences are ones under Sections 323, 324, 304, 420, 504 & 506 of the IPC—There is not even a titter of foundation laid in the complaint qua those offences against the first petitioner—Offences against first petitioner are therefore loosely laid—Second petitioner, the mother of first petitioner is on the face of it unnecessary dragged into these proceedings as not even a sentence of semblance of ingredients being present qua the offences so alleged—If further proceedings are permitted to be continued, it would become an abuse of process of law—Proceedings stands quashed qua petitioners—Petition allowed.
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