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JAVED IQBAL WANI
Santokh Singh – Appellant
Versus
Karnail Singh – Respondent
JUDGMENT :
JAVED IQBAL WANI, J.
1. Inherent jurisdiction of this Court under Section 561-A Cr.P.C. (482 Cr.P.C.) is being invoked by the petitioners through the medium of the instant petition, seeking quashment of complaint titled as "Karnail Singh Vs. Santokh Singh" (for short 'complaint') pending before the Court of learned Munsiff, Akhnoor (for brevity 'trial Court') as also for quashment of order of cognizance dated 12.05.2014 (for short 'impugned order').
2. It is stated in the petition that on 08.10.2009, petitioner Nos. 1 and 2 solemnised marriage of their daughter, namely, Pooja Jamwal with one Suresh Singh Manhas being son of respondent herein, and that immediately after the marriage, the said daughter of the petitioners came to be tortured by her in-laws besides making demands of dowry and was turned out from the matrimonial home on 21.05.2010, where after, the said daughter started living with petitioners at her parental home.
3. It is being stated that an FIR was registered by the daughter of the petitioners against her in-laws including the respondent herein under Section 498-A RPC, challan whereof came to be presented and is pending disposal.
4. It is being further stated
A complaint must contain specific allegations that meet the legal criteria for the offences charged; otherwise, it may be quashed as an abuse of process of law.
General and omnibus allegations against in-laws without specific instances do not constitute domestic violence, justifying quashing of proceedings under the Protection of Women from Domestic Violence....
The central legal point established in the judgment is the cautious exercise of inherent powers under Section 482 Cr.P.C. to prevent abuse of the process of court and secure the ends of justice.
The Court reiterated that the inherent power under Section 482 CrPC should be exercised sparingly, carefully and with great caution, and only when such exercise is justified by the tests specifically....
Vague allegations without specific roles attributed to accused do not warrant continuation of criminal proceedings, necessitating quashing to prevent abuse of process of law.
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