Indian Penal Code, 1860
Section 498A—Dowry harassment—Quashing of FIR refused by High Court—Appeal—Court ought to have appreciated, at least to some extent, the background in which the respondent had filed the subject FIR—Appellant-husband secured two orders in his favour for return of child and a divorce from the Foreign Courts—Respondent-wife filed complaint one month after the grant of divorce—Conduct of wife to be questionable—Period of alleged cruelty meted out by the husband, extends to a period beyond the time that they were married—FIR came to be lodged as a retaliatory measure intended to score with husband and it can be said that if the FIR proceeds further, it would be an abuse of the process of law—FIR quashed.
[Paras 6 to 13]
Decision : Appeal allowed