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HEMANT CHANDANGOUDAR
Shilpa S C – Appellant
Versus
State of Karnataka – Respondent
ORDER
1. The First Information Report is lodged by the 2nd respondent alleging that she is the legally wedded wife of accused No.1 and she was subjected to cruelty by accused No.1 to 4 and the accused No.5 - petitioner is having illicit relationship with her husband.
2. The police registered FIR for the offence punishable under Section 498-A, 506, 504 and 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. Taking exception to the same, the petitioner - accused No.5 has filed this petition.
3. Learned counsel for the petitioner submits THE that only allegation against the petitioner - accused No.5 is that, she is having illicit relationship with accused No.1 who is her legally wedded husband. Hence, the allegation made against the petitioner - accused No.5 does not constitute the commission of the offences alleged against the petitioner. Hence, the registration of the FIR for the aforesaid offences is impermissible.
4. On the other hand, learned HCGP appearing for the State submits that the allegations made in the FIR discloses that the commission of the offences alleged against the petitioner - accused No.5.
5. I have considered the submissions made by the learned counsel appearing
The court emphasized that the allegation against accused No.5 must constitute the commission of the alleged offences for the FIR to be valid.
Specific allegations are required against each accused in cases of cruelty and dowry demands; general allegations are insufficient for prosecution.
Specificity of allegations is essential to sustain charges under Section 498-A; vague claims against family members may result in quashing of FIR to prevent misuse.
Specific instances of involvement in the alleged offence are crucial in determining the applicability of the offence under Section 498-A of the Indian Penal Code, and the genuineness of the allegatio....
Once the F.I.R. prima-facie discloses commissioning of cognizable offense, it cannot be quashed.
Specific allegations in an FIR disclosing a prima-facie case of cruelty can constitute a cognizable offence under Sec. 498-A of the Indian Penal Code.
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