Vague and general allegations against distant relatives in dowry cases are insufficient for prosecution; specific evidence is required to implicate them.

ORDER :

This application under Section 482 of Cr.P.C. has been filed for quashment of FIR in Crime No.52/2024 registered at Police Station Stationganj, District Narsinghpur for offence under Sections 498-A, 294, 323, 506 of IPC and under Section 3/4 of Dowry Prohibition Act.

2. Applicant No.1 is the husband, applicant No.2 is father-in-law, applicant No.3 is mother-in-law and applicant No.4 is sister-in-law of respondent No.2. The FIR has been challenged on the ground that allegations leveled against all the applicants are omnibus in nature and no specific role has been assigned to anybody and there is unexplained delay of 4.5 months in lodging of FIR and impugned FIR is nothing but a counter-blast to the action of applicant No.1 in filing divorce petition.

3. According to the prosecution case, respondent No.2 lodged the FIR on the allegations that she got married to applicant No.1 on 27/06/2023 in accordance with Hindu rites and rituals. Immediately after the marriage, her husband, mother-in-law and father-in-law started misbehaving with her and on trivial issues they were threatening that they would leave her. Applicant No.4, who is residing in Mumbai was also instigating the applicants No.1 and 2. When respondent No.2 got pregnant, then at the instance of applicant No.4, applicant No.1 had given certain pills as a result she sustained abortion. On the festival of Rakshabandhan, she was required to go to her parental home, however, her father-in-law and mother-in-law stated that she should bring an amount of Rupees Twenty Lacs and a vehicle, only then they would allow her to go to her parental home and applicant No.1 will also go to Narsinghpur only thereafter. When she refused to give money as well as vehicle, then her husband, mother-in-law and father-in-law started abusing her and also assaulted her. Thereafter, she informed her elder brother Vijay on phone and came back to her parental home on 04/09/2023 and since then, she is residing in her parental home. Because of demand of dowry, her mother-in-law, father-in-law and husband were treating her with mental and physical cruelty. Statement of complainant was also recorded under Section 161 of Cr.P.C. and identical allegations were made.

Allegations against applicants No.1, 2 & 3

4. From the FIR, it is clear that respondent No.2 was allowed to stay in her matrimonial house for two & half months only as she got married on 27/06/2023 and she is residing separately from 04/09/2023. During this period of two & half months, there are specific allegations that applicant No.1 - Rishi Bajaj, applicant No.2 - Kishanlal Bajaj and applicant No.3 - Meera Bajaj were demanding Rupees Twenty Lacs and a vehicle and on account of non-fulfillment of their demand of dowry, they were treating her with cruelty and not only they used to abuse her but they also assaulted her.

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

“12. In Kailash Chandra Agrawal v. State of U.P. (2014) 16 SCC 551, it was observed (SCC p. 553, paras 8-9):

“8. We have gone through the FIR and the criminal complaint. In the FIR, the appellants have not been named and in the criminal complaint they have been named without attributing any specific role to them. The relationship of the appellants with the husband of the complainant is distant. In Kans Raj v. State of Punjab (2000) 5 SCC 207 : 2000 SCC (Cri) 935 : (2000) 3 SCR 662] it was observed (SCC p. 217, para 5):

“5. … A tendency has, however, developed for roping in all relations of the inlaws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the