The need for specific allegations and caution against implicating distant relatives without specific material.

JUDGMENT

1. Petitioner has filed this petition under Section 482 of Cr.P.C. for quashing the F.I.R. bearing crime No.178/2019 registered at police Station, Mahila Thana Padav, Distt. Gwalior, for the offence punishable under Sections 498-A, 506, 34 of IPC and Section 4 of the Dowry Prohibition Act as well as RCT Case No.5109/2019 arising out of the aforesaid FIR.

2. In brief the facts of the case necessary for disposal of this petition are that respondent No.2-Renu Prajapati lodged a typed complaint at police Station, Mahila Thana, Gwalior, to the effect that on 11.12.2017 her marriage was solemnized with Vivek Prajapati as per Hindu rites. Her parents gave Rs. one lac cash, motorcycle and house hold articles in the marriage as dowry. A sum of Rs. six lac was also spent in the marriage. After marriage, her husband- Vivek Prajapati, father-in-law Mohanlal Prajapati, mother-in-law Smt. Usha Devi used to harass her in connection of demand of Rs. five lac for purchasing a car. She was carrying pregnancy of two months, even

3. then her husband, mother-in-law and father-in-law used to commit Marpeet with her, due to which she aborted. Three months earlier, they ousted her and since then she has been residing at her parental home. After some time, her husband, father-in-law, mother-in-law and petitioner, who is her cousin mother-in-law, came to her parental home at Gwalior and demanded Rs. five lac from her parents. When her parents expressed their inability to give such amount, then they threatened them. She also approached Mahila Paramarsh Kendra, but could not get any result. On her report, offence under Sections 498-A, 506, 34 of IPC and Section 4 of the Dowry Prohibition Act against the petitioner and three others was registered. After investigation, chargesheet has been filed and RCT Case No. 5109/2019 is pending before the JMFC, Gwalior.

4. On going through the F.I.R. lodged by complainant, it is emerged that she has specifically alleged against her husband, mother-in-law and father-in-law. Against the petitioner, who is her cousin mother-in-law, only omnibus allegations are made in the FIR.

5. It is argued on behalf of the petitioner that there is no specific allegation against the petitioner in the FIR. It is only alleged that petitioner along with other in-laws came to parental home of the complainant and demanded Rs. five lac and gave threatening. In fact,

6. petitioner is residing at Gwalior and matrimonial home of the complainant is at Jhansi. Reliance has been placed on the judgment of the Supreme Court in State of Haryana and thers Vs. Chaudhary Bhajan Lal and Others reported in 1992 Supp.(1) SCC 335 by submitting that the F.I.R. and aforesaid criminal case should be quashed.

7. Per contra, learned counsel for the State opposed the argument made by the learned counsel for the petitioner and stated that from the perusal of F.I.R., it is apparently clear that the aforesaid offence is prima facie made out against the petitioner also. It is submitted that at this stage, it is not probable to consider the defence of the accused. It is the matter of evidence.

8. From the perusal of the FIR, it is clearly reflects that only omnibus allegations are levelled against the petitioner that she along with other in-laws came to parental home of the complainant and demanded Rs. five lac and gave threatening.

9. The Supreme Court in case of Taramani Parakh Vs. State of Madhya Pradesh, reported in (2015) 11 SCC 260, has held as under:-

'10. The law relating to quashing is well settled. If the allegations are absurd or do not make out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case the Court does not go into reliability or otherwise of the version or the counter-version. In matrimonial cases, the Courts have to be cautious when omnibus allegations are made particularly against relatives who are not generally concerned with the affairs of the couple. We may refer to