Indian Penal Code, 1860
Section 498A—Dowry harassment—Applications for quashing of proceedings—Applicants are elder brothers-in-law and wife of second applicant of the complainant—Husband of second respondent himself had caused injury to him by the knife—Question as to whether FIR was lodged by way of counter blast to the divorce petition—If the wife had maintained silence in order to save her marital life and did not lodge the report, then her silence for the noble cause should not be considered against her by holding that the FIR was lodged by way of counter blast to the divorce petition—Once, the wife had realized that all the chances of reconciliation have vanished on account of filing of divorce petition and if she decided to take action in accordance with law, then she cannot be blamed for the same—It can be said that earlier she tried to save her marital life and only after realizing that everything is over and if she decided to make a complaint about the cruelty meted out to her, then she cannot be non- suited for her good gestures of maintaining silence—Court can quash the FIR only when the un-controverted allegations do not make an offence—Since, there are specific allegations against the applicants that not only they started demanding Fortuner Car and 20 Tola of Gold after four months of her marriage but she was forcefully ousted from her matrimonial house and since then second respondent is residing in her parental home coupled with the fact that compelling a married woman to live in her parental home on account of non-fulfillment of demand of dowry would also amount to mental cruelty—Applications dismissed.
[Paras 11, 17 & 21]