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SUDESH BANSAL
Tushar Varshney – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Petitioner-husband has filed instant criminal miscellaneous petition under Section 482 Cr.P.C. seeking to quash entire criminal proceedings in connection with FIR No. 375/2021, registered at Police Station Mahila Thana, Kota wherein Police after investigation submitted charge-sheet against petitioner for offence under Section 498A IPC and trial Court took cognizance for such offence vide order dated 24.02.2022 and criminal case No. 972/2021 State v. Tushar Varshney at the stage of arguments for framing charge, is pending before Judicial Magistrate No. 3 (North) Kota.
2. Heard counsel for petitioner-Husband, counsel for complainant-respondent No. 5-Wife, learned Public Prosecutor and perused the record.
3. Necessary and relevant facts of case, as culled out from the record, to consider the issue in the present petition are as under:-
3.1 Petitioner is stated to be working as Manager in a private company at Bangalore and resident of Ghaziabad, Uttar Pradesh and non-petitioner No.5- complainant is posted as Junior Engineer at Super Thermal Power Station, Saketpur Kulhadi, Kota and resident of Kota. Marriage between both parties have entered into on 14.12.20
The court ruled that allegations of mental and physical cruelty under Section 498A IPC were sufficient to proceed with the case, emphasizing the need for evidence at trial.
The High Court's power to quash FIRs is limited and should only be exercised in rare cases where allegations do not constitute a cognizable offence.
Allegations under Section 498-A IPC must be specific; omnibus claims lack legal sufficiency to support prosecution.
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.
Charges framed under Sections 498A and 323 IPC quashed due to lack of specific allegations and evidence, preventing abuse of process of law.
The court can invoke inherent power to quash criminal proceedings if they lack prima facie evidence and are instituted with an ulterior motive for personal grudge.
Filing an FIR under Section 498-A IPC can be quashed if the allegations are vague and do not demonstrate acts of cruelty as defined by law, particularly when linked to ongoing matrimonial disputes.
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