Indian Penal Code, 1860
Section 498A, 323, 504, 506 read with Section 34—Cruelty and dowry harassment—Dismissal of petition by the High Court to quash the FIR and subsequent charge-sheet—Appeal—Appellants are step mother-in-law, step brother-in-law, father-in-law and the Munim—Duty of the High Court, when its jurisdiction under Section 482 CrPC or Article 226 of the Constitution is invoked on the ground that the Complaint/FIR is manifestly frivolous, vexatious or instituted with ulterior motive for wreaking vengeance, to examine the allegations with care and caution—Complainant has chosen not to involve her husband in the criminal proceedings—Provocation of the Complaint/FIR is essentially the property dispute between father and son—Domestic violence complaint based on similar allegations was dismissed by competent court—None of ingredients of Sections 498A, 323, 504, 506 read with Section 34 are made out—If the criminal proceedings are allowed to continue against appellants, the same will be nothing short of abuse of process of law and travesty of justice—FIR and charge-sheet are quashed—Appeal allowed.
[Paras 9 to 17]
Decision : Appeal allowed