Indian Penal Code, 1860
Section 498A, 377 & 506 read with Section 34—Dowry harassment, unnatural sex and criminal intimidation with common intention—Quashing of FIR refused by High Court—Appeal—Appellants are father-in-law, mother-in-law and sister-in-law of complainant—A perusal of the FIR and its consideration in entirety indicates that statements of a general nature have been made therein as against present appellants—Cruelty caused by husband and his family members should be of such nature that it is inflicted with intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself—Such allegations are absent in the present case—No prima facie case for proceeding under Section 498A of IPC has been made out against appellants—As regards the offence punishable under Sections 377 and 506 read with Section 34 of IPC is concerned, it is seen that allegations in this regard have been made only against complainant’s husband and not against present appellants—Entire tenor of complaint in that regard seeks to implicate complainant’s husband and all incidents stated therein relate to him—No allegation whatsoever in that context against the appellants that would require them to face trial on that count—Proceedings quashed qua appellants—Appeal allowed.
[Paras 9 to 12]
Decision : Appeal allowed