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M. NAGAPRASANNA
Anupam Singh Tomer – Appellant
Versus
State by Kothanur – Respondent
ORDER :
(M. Nagaprasanna, J.)
The petitioner is before this Court calling in question registration of a crime in Crime No.142 of 2022 for offences punishable under Sections 504, 506 and 448 of the IPC. The petitioner is the accused and the 2nd respondent is the complainant, wife of the accused. For the sake of convenience the petitioner and the complainant will be hereinafter referred to as husband and wife respectively.
2. The facts adumbrated are as follows:-
The petitioner and the complainant get married and their relationship turns sour. On turning sour, proceedings come to be initiated before the concerned Family Court at Delhi and the two dissolved their marriage by mutual consent and a decree of divorce is granted on such mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 by the competent Court at Delhi. The term of compromise for divorce by mutual consent was that the parties would agree with the right of the husband to visit the daughter on every Saturday from 3 P.M. to 5 P.M. either at the residence of the wife or at a neutral place like the activity zone, or mall inter alia. Based upon the said compromise the two part-ways on 21.09.2020 and the custody of t
The court quashed the FIR against the petitioner, ruling that the allegations of criminal trespass and intimidation were unfounded and constituted an abuse of legal process.
Vague or farfetched allegations should be scrutinized, and if found frivolous, they should be quashed. Sections 504 and 506 of the IPC should not be loosely invoked without proper justification.
Lack of evidence for alleged offences and abuse of process of law can lead to quashing of FIR.
Allegations under Section 498A must meet specific legal thresholds; trivial irritations do not constitute cruelty, and misuse of legal provisions in matrimonial disputes is subject to quashing.
Legal provisions must not be misused against family members absent specific allegations; vague claims do not sustain prosecution.
Point of law : If the allegations themselves are so absurd that no reasonable man would accept the same, the High Court could not have thrown its arms in the air and expressed its inability to do any....
The main legal point established is the entitlement of an aggrieved party to relief under the DV Act, including maintenance, protection from domestic violence, and custody of the child.
Cruelty and dowry offences – Criminal law must not be permitted to degenerate into instrument of oppression or personal vengeance.
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