The Bombay High Court (Nagpur Bench) has quashed an FIR registered under Section 498-A read with Section 34 of the Indian Penal Code, observing that general and omnibus allegations without the disclosing of specific instances of seriousness are insufficient to justify the continuation of the trial.
The case arose from an FIR lodged by the wife alleging cruelty and harassment by her husband and his relatives. Aggrieved by the lodging of the FIR, the applicant seeks the quashing of the FIR and filed the current application.
The applicant canvassed that the dispute was matrimonial in nature and the complaint contains only general and sweeping allegations without highlighting any specific facts. It was also submitted that no specific or grave acts of cruelty are disclosed so as to attract the ingredients of Section 498-A of the IPC. On the other hand, the state and the complainant opposed the application, submitting that the allegation disclosed the commission of the offenses.
Hearing the petition, the bench of Justice Pravin S. Patil noted that the complaint lacked specific instances of intensity and grave acts of cruelty and did not disclose the role of the accused person. The Court also noted that the allegation was general and did not fulfill the statutory requirements necessary to constitute an offense under Section 498-A.
Holding the continuation of the trial would amount to abuse of the process of the court; the court has allowed the criminal application and quashed the FIR.
Appearances:
Advocate A. R. Deshpande for Applicants.
Advocate S. S. Deshpande for Non-applicant No.2.
APP S. V. Kolhe for Non-applicant No.1/State.
