Vague and general allegations in an FIR do not constitute a prima facie case for quashing under Section 482 of Cr.P.C., emphasizing the need for specific instances of cruelty.

ORDER :

1. By invoking inherent powers of this Court, the applicants – original accused, who are facing the charges for the offences of cruelty and demand of dowry have preferred this application for quashing of the FIR being CR No.11210050221310 of 2022 registered with Rander Police Station, Dist.: Surat, for the offences 498A, 323, 504, and 114 of Indian Penal Code.

2. This Court has heard learned counsel Mr. Manan Patel, Ms. Urmila J. Desai and Mr. Jay Mehta, learned Additional Public Prosecutor for the respective parties.

3. Brief facts revels from the record are that the applicants are father-in-law and mother-in-law of the second respondent – Reshma Salve. The marriage of the second respondent was solemnized on 27.07.2021 with the accused Mukesh Salve. This is a second marriage of the second respondent. Her first marriage took place in the year 2010 and after getting divorce from her earlier husband, she again married with the accused no. 3. The applicants and the husband are living at Mumbai and after the marriage, the second respondent went to Mumbai. The husband having a bakery shop, was used to leave the home in the early morning and come at late night. As a result, the matrimonial dispute arose between husband and wife and on making complaint, the quarrel took place between them. So far as mother-in-law is concerned, it is alleged that, on the petty issue of household works, she was harassed by her and threatened her that, she will drive her out from the home. It is alleged that on 21.10.2022, due to dispute she was beaten up and husband administered a threat that he will commit a suicide. In such circumstances, fade with the issues, the FIR being lodged against the applicants, inter-alia, alleging that during the marriage span, she was subjected to harassment by the applicants and the husband, whereby, they have committed act of cruelty, as defined under Section 498A of the Indian Penal Code.

4. The applicants, who are parents of the husband, have preferred this application, inter-alia stating that, this is a case of false implication as by making casual and vague allegations, they have been roped into alleged offence and therefore, prima-facie, if the allegations believed to be true against them, no offence is disclosed or make out.

5. Mr. Manan Patel, learned counsel appearing for the applicants has submitted that, the applicants are aged parents of the husband and they have nothing to do with the matrimonial dispute with the husband and wife and therefore, the allegations whatever alleged, would not fall under the definition of ‘cruelty’. There is no specific allegation that the applicants have caused physical harm to the wife. In such circumstances, the continuation of the criminal proceedings would amount to misuse of process of law and court and therefore, to prevent the injustice, the questioned FIR may be quashed.

6. Ms. Urmila Desai, learned advocate appearing for the second respondent submitted that, the High Court at this stage, would not ordinarily entered into a disputed question of fact and when the allegations made in the FIR disclosed the commission of offence, the court may not quash it and allowed the investigation to be continued in the matter.

7. The scope and power of the High Court to quash the first information report is well settled. The power under Section 482 of the Code has to be exercised sparingly and cautiously to prevent the abuse of process of Court and to secure the ends of justice. The High Court should refrain from giving a prima-facie decision, unless there are compelling circumstances to do so. Taking the allegations, as they are, without adding or subtracting anything, if no offence is made out, only then, the High Court would be justified in quashing the proceedings in the exercise of its power under Section 482 of the Cr.P.C.

8. The Apex Court in case of State of Haryana vs. Bhajan Lal reported in (1992) Supp 1 SCC 335 has laid down the guidelines that must be adhered to while exerci