Vague and omnibus allegations against relatives in matrimonial disputes cannot sustain criminal charges under Section 498-A IPC; specific allegations are required to prevent abuse of legal process.

ORDER :

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/Accused Nos.2 to 4 seeking quashment of the proceedings against them in C.C.No.751 of 2022 on the file of III Additional Junior Civil Judge, Tirupati for the offences punishable under Section 498-A r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act.

2. Heard Sri Srinivasulu Kurra, learned counsel for the petitioners, Ms. K.Salini, learned counsel representing Sri O.Udaya Kumar, learned counsel for the respondent No.2 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

3. Learned counsel for the petitioner would submit that the petitioners herein are A2 to A4 who are the mother, brother of A1 and A4 is wife of A3. A1 is the husband of the respondent No.2. Learned counsel would further submit that the marriage of A1 and the respondent No.2 took place on 01.08.2012. The petitioners never stayed with A1 and the respondent No.2 under the same roof at any point of time. Learned counsel would submit that except making omnibus allegations, nothing is attributed against the petitioners in specific. Learned counsel would further submit that the respondent No.2 started a living separate from the husband since 23.12.2021 and this case is lodged on 11.05.2022 only to trouble the family members of the husband. DVC case is also filed. Learned counsel would further submit that only as an arm-twist, this case has been lodged against the family members. Even as per the contents of the complaint, the petitioners never stayed with A1 and the respondent No.2 except a few visits. Learned counsel would further submit that there are no ingredients to attract the offence under Section 498A and Sections 3 & 4 of Dowry Prohibition Act against the petitioners and continuing criminal proceedings against them is mere abuse of process of law.

4. Per contra, learned counsel for the respondent No.2 vehemently opposed the petition. Learned counsel for the respondent No.2 would further submit that the petitioner No.1 who is the mother in law of the respondent No.2 has partitioned the properties in irrational way. DVC case is also pending against the petitioners. There are specific allegations made against the petitioners which require full length of trial. Learned counsel would further submit that it is not a fit case for quashment. After due investigation, the Police have filed charge sheet. The court has taken cognizance for the offences under Sections 498A of IPC and Sections 3 and 4 of DP Act. Learned counsel finally prays for dismissal of the petition.

5. Learned Assistant Public Prosecutor supported the version of the respondent No.2.

Determination by the Court

6. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence.

7. To decide further in this matter, it is relevant to extract Section 498-A of I.P.C.

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the