Indian Penal Code, 1860
Section 498A read with Section 34 and Sections 3 and 4 of the Dowry Prohibition Act—Dowry harassment—Petition to quash FIR—Petitioners are father-in-law and mother-in law of second respondent/complainant who is the wife of first accused—Names of the petitioners spring, not for any ingredients of offences punishable under Section 498A of the IPC, but only omnibus hurling of abuses—No specific overt act is indicated in the complainant qua petitioners as entire narration in the complaint is the squabble between the husband and the wife—An omnibus statement cannot result in permitting investigation or a criminal trial against father-in-law and mother-in-law on false allegations—There are scores and scores of cases where every member of the family without rhyme or reason is dragged into the web of crime by frivolous complaints registered by the complainant/wife while the entire grievance is against the husband and every imaginary member of the family is dragged in—Such cases are to be nipped in the bud—Finding that there is no allegation against petitioners, permitting further investigation would become an abuse of process of law and result in miscarriage of justice—Petition allowed.
[Paras 8 to 11]
Decision : Petition allowed