In domestic violence cases, general and vague allegations are insufficient; specific instances must be provided to avoid misuse of legal provisions.

JUDGMENT :

Rakesh Kainthla, J.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed for quashing of F.I.R. No. 11/2023, dated 14.02.2023 for the commission of offences punishable under Sections 498-A, and 323 read with Section 34 of Indian Penal Code (IPC), registered at Police Station Chaupal, District Shimla, H.P. and consequential proceedings arising out of the same.

2. Briefly stated, the facts giving rise to the present petition are that the informant made a complaint to the Police asserting that she was married to Dikshit Chauhan in October 2020. The behaviour of her parents-in-law was not proper with her. Her mother-in-law used to harass her on trivial matters. She used to say that the informant had not brought anything with her. The informant told this fact to her parents. The informant was being pressurised to commit suicide. The informant went to her parents’ home. The informant went to her matrimonial home on 13^th February with her father, brother and uncle to settle the matter. Her parents-in-law and her husband told her that they would not keep her in her matrimonial home. Her mother-in-law gave beatings to her. The informant returned with her son. The police registered the F.I.R. and conducted the investigation. The police found, after the investigation, that the informant’s mother-in-law, Brijbala, started harassing her after three days of the marriage. The other petitioners also used to taunt her because she was not equal to them. She narrated these incidents to her husband, but he did not help her. The informant’s mother-in-law had misbehaved with her and slapped her on 13^th February 2023. The police filed the chargesheet after the completion of the investigation

3. Being aggrieved by the registration of the F.I.R. and filing of the charge sheet, the petitioners have filed the present petition, asserting that the informant’s behaviour was not proper with the petitioners. The petitioners showed all love and affection to the informant. The informant used to leave her matrimonial home without the petitioners’ consent. She used to quarrel with the petitioners. She pressurised petitioner no. 1 to leave petitioners no. 2 & 3 and reside at Shimla. The petitioner No. 1 expressed his inability to do so. The petitioners visited the informant’s house after the birth of the baby. The informant visited her matrimonial home on 13^th February 2023. The matter was reconciled between the parties, and the informant agreed not to misbehave with the petitioners. There are no specific allegations against the petitioners. The petitioners never demanded any dowry from the informant. The allegations in the FIR show a domestic dispute and do not satisfy the ingredients of cruelty. The informant had not suffered any visible injury, which falsifies her version regarding her beating. Therefore, it was prayed that the present petition be allowed and F.I.R. and consequential proceedings arising out of the same be quashed.

4. I have heard Mr. Paresh Sharma, learned counsel for the petitioners and Mr. Jitender K. Sharma, learned Additional Advocate General for the respondent/State.

5. Mr Paresh Sharma, learned counsel for the petitioners, submitted that the petitioners were innocent and were falsely implicated by the informant. She is residing in her parental home voluntarily. The allegations made by her in the F.I.R. are vague and do not contain any specific particulars. A charge sheet filed on such vague allegations will not result in the conviction of the accused. The continuation of the proceedings amounts to an abuse of process of the Court. The contents of the compromise do not show any demand for dowry. Therefore, he prayed that the present petition be allowed and F.I.R. and consequential proceedings arising out of the same be quashed.

6. Mr. Jitender K. Sharma, learned Additional Advocate General, submitted that the F.I.R. contains sufficient details of the harassment by the petitioners