IMPORTANT POINT
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.

ORDER :

This application under section 482 of Criminal Procedure Code has been filed for quashment of FIR in Crime No. 177/2021 registered at Police Station Hatta, District Balaghat, for offence under sections 498-A, 294, 323, 506/34 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

2. It is submitted by counsel for the applicants that by mistake the applicants have not challenged the criminal proceeding but it is submitted that once the FIR has been challenged and if it is quashed, then consequence would be that all the criminal proceedings initiated on the basis of the said FIR will lose its effect and accordingly, it is submitted that while considering the application filed under section 482 of Criminal Procedure Code, prayer for quashment of criminal proceeding may also be considered.

3. Heard on merits.

4. Prosecution story in short is that complainant/respondent No. 2 lodged an FIR on 10-12-2021 on the allegations that she got married to applicant No. 1 on 14-4-2017. She was kept properly by her husband for about one month and thereafter, her husband, her mother-in-law, her sister-in-law, her elder brother-in-law, wife of her elder brother-in-law started passing taunts that she has brought less dowry and also started harassing her physically and mentally. Her husband and her mother-in-law used to beat her and were insisting that she should bring an amount of Rs. 10 lakhs and continuously harassed her, as a result, she went back to her parental home and informed the incident. She thought that one day her husband would improve, therefore, she was tolerating cruelty. Thereafter, on one day her husband came to her parental home at village Chikhala and also harassed her on the question of bringing less dowry. Respondent No. 2 has two years old daughter namely Khushika Nagpure. Under hope and belief that a compromise may be arrived at, therefore, she approached One Stop Centre, Balaghat on 29-11-2021 but her husband did not come to One Stop Centre and her husband and his family members came to Chikhala in the month of July, 2021 and threatened her and her family members that since she has not brought the money, therefore, should not come to her matrimonial house at Ladsada. Her husband had also extended a threat of divorce and accordingly, he has sent a notice for divorce from the Court. However, it was also mentioned that in case if her husband is ready to keep her properly, then she wants to spend her life with him and accordingly, it was alleged that she was turned out of her matrimonial house on account of demand of dowry.

5. On the basis of aforesaid complaint, the FIR in Crime No. 177/21 was lodged at Police Station Hatta, District Balaghat.

6. Applicant No. 1 Mahendra Nagpure is the husband whereas applicant No. 2 Smt. Ishwari Bai Nagpure is the mother-in-law of respondent No. 2. Applicant No. 3 Jitendra @ Jeetlal Nagpure and applicant No. 4 Krishn Kumar Nagpure are younger brothers-in-law (Devar) of respondent No. 2 whereas applicant No. 5 Roshni Nagpure is the wife of applicant No. 3 Jitendra. Applicant No. 6 Nisha Nagpure is unmarried sister-in-law and applicant No. 7 Ritu Lilhare is sister-in-law of respondent No. 2. Accordingly, the allegations made against the applicants shall be considered in accordance with their relationship.

7. Allegations against applicants No. 3 to 7.

8. It is well established principle of law that in order to prosecute near and dear relatives of husband of the complainant, vague, general and omnibus statements are not sufficient and unless and until a specific allegation is made against near and dear relatives of husband of complainant, they may not be compelled to face ordeal of trial. Statement of respondent No. 2 recorded under section 161 of Criminal Procedure Code is precisely in the line of the statement made in the FIR. Thus, it is clear that except general, vague and omnibus allegations against applicants No. 3 to 7, there are no specific allegations against them.

9. In the