Indian Penal Code, 1860
Sections 498A, 312, 313 and 34—Dowry harassment and causing miscarriage without woman’s consent—Quashing of FIR declined by the High Court—Appeal—Cruelty is not enough to constitute the offence—It must be done with intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself—Allegations levelled in the FIR do not reveal the existence of any such allegations—Only allegation that referred to an injury being inflicted against the complainant is a vague statement that the son of the appellants used to beat her, but there is no specific allegation of any such injury being caused by the appellants—Facts when taken at face value, do not reveal any specific instance of cruelty committed by the appellants—Only stating that cruelty has been committed by the appellants due to some reason, would not amount to the offence under Section 498A of IPC being attracted—Next allegation regarding a specific incident relating to miscarriage being caused by the appellants—A bare perusal of the allegation and the analysis of the same when compared with the statement of the doctor reveals that even if the allegations are accepted at the face value, it would not prima facie make out a case against appellants—Complaint was lodged after the notice of divorce was given by the complainant—Notice of divorce was completely silent about the allegations raised in the FIR which was subsequently filed—Proceedings were initiated with an ulterior motive of pressurizing the son of the appellants to consent to the divorce according to the terms of the complainant and proceedings were used as a weapon by the complainant in the personal discord between the couple—Continuance of the criminal proceedings against the appellants would result in an abuse of process of law—Impugned judgment and order of High Court is quashed and set aside—Appeal allowed.
[Paras 30 to 34]