Indian Penal Code, 1860
Sections 498A, 420 read with Section 34 and Sections 3 & 4 of the Dowry Prohibition Act—Dowry harassment and cheating—Petition to quash entire criminal proceedings—If the complaint, summary of the charge-sheet, findings by the concerned court in matrimonial cases are read in tandem, what would unmistakably emerge is, minor skirmishes between the husband and the wife without there being any spec of evidence or demand of dowry by the husband or cruelty by the husband for demand of dowry are blown out of proportion under ulterior motive—Circumstances contemplated under Section 498A of IPC are conspicuously absent in the case at hand—Even marriage going wrong cannot be termed to be cheating on the part of the husband—Both the husband and the wife are equally responsible for tumbling down of the marriage in the case at hand—Permitting trial against husband, would become an abuse of the process of law, resulting in miscarriage of justice—Proceedings quashed.
[Paras 10 to 12]
Decision : Petition allowed