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SUDESH BANSAL
Kalawati Devi @ Suresh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Since these three petitions are arising out of one common FIR, therefore, same are decided by this common order.
S.B. Crl.M.P. No. 8531/2022:
2. This petition under section 482 CrPC has been filed by the accused-petitioner-mother-in-law of deceased seeking to quash FIR No.235/2022 registered at Police Station Mahila Thana, District Alwar for offences under Sections 498A and 304B IPC, which came to be registered on the complaint made by father of deceased, in respect of "dowry death" of his daughter at the house of her in-laws. It is noteworthy to record that after investigation made in the impugned FIR, charge-sheet for offences u/s. 498A, 304B and 306 IPC has been filed against husband and mother-in-law of deceased; husband has been arrested and is in judicial custody. However, the mother-in-law (petitioner herein) is absconding, hence the charge-sheet against her has been filed under section 299 CrPC and arrest warrant against the petitioner under section 37 of the Police Act has also been issued.
3. Fact of the case are that an FIR came to be lodged on 24.06.2022 by the complainant alleging therein that his daughter Mamta was married to Rajesh Saini o
The court emphasized that allegations of dowry death and cruelty against in-laws warrant thorough investigation and cannot be dismissed at the quashing stage.
Charges framed under Sections 498A and 323 IPC quashed due to lack of specific allegations and evidence, preventing abuse of process of law.
General allegations without specific incidents are insufficient to establish criminal liability under Section 498A IPC, necessitating more detailed evidence of harassment or cruelty.
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
The court upheld that prima facie allegations in the FIR warranted continuation of proceedings, as quashing should only occur in clear abuse of process or lack of evidence.
The efficacy of dowry harassment claims requires specific allegations; generic accusations against relatives may lead to quashing of charges.
Specific allegations of cruelty and stridhan retention against mother-in-law in 498A FIR, taken at face value, disclose prima facie offences precluding quashing under CrPC 482; no mini-trial permissi....
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