The court emphasized the necessity of specific evidence in matrimonial disputes under Section 498-A, quashing the FIR due to vague allegations against the applicants.

ORAL ORDER

1) Mr. Macwan, learned counsel for the applicants, on instructions, does not press present application qua applicant No.1. Application stands disposed of as not pressed qua applicant No.1.

2) Heard Mr. Johnsey Macwan, learned counsel for the applicants, Mr.H.K.Patel, learned APP for the respondent - State and Mr.Asifkhan Pathan, learned counsel for respondent No.2 – complainant.

3) Rule. Ld. advocates for the respondents waive Rule.

4) By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicantd habr prayed to quash and set aside the complaint being FIR No.11204001210023 of 2021 registered with Mahila Police Station, Kheda, for the offences under Sections 498-A , 504 , 506(2) and 114 of Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act and all the consequential proceedings arising therefrom.

5) Learned counsel for the applicants has submitted that, the allegations levelled against the applicants are nothing, but an abuse of process of law and without any specific instance, they have been arraigned as accused. Applicant No.2 is sister in law and applicant No.3 is husband of applicant No.2 and they are residing seperately and therefore, question does not arise to attract the provisions of section 498-A. The alleged incident took place between 2013 to 2020, whereas, the FIR has been filed in the year 2021. There is 8 years marriage life and there is no single complaint of such nature is reported. He further submitted that, whatever the allegations made are against the husband and in-laws and the applicants have not committed any offence as alleged against them. He further submitted that, the dispute arose with regard to delivery of child and other house hold things, however, all the family members are implicated in the FIR. Even the allegations levelled against the applicants do not prima facie disclose the involvement of the applicants in the alleged offence because the applicants are residing seperately. The allegations are only to cause mental and physical harassment, except this, no any specific averment is made against the applicants. Further, the allegations made by the complainant are vague and general in nature. Even no any allegation of injury, insult or abetment being made. He further submitted that, the applicants have no any past antecedent. Therefore, without disclosing their active involvement in the alleged offence, the applicants have been arraigned as accused in FIR.

Considering the above contentions, Mr.Macwan prays to allow present application and quash the FIR against the applicants, as prayed for, in this application.

6) Learned APP appearing for the respondent-State has opposed the present application and contended that, the applicants have committed an offence by causing mental and physical harassment and also induced accused No.1 husband and in-laws to beat the complainant. It is alleged that, the applicants herein used to come at matrimonial home of the complainant and instigated the in-laws to cause mental and physical harassment upon the complainant and demand dowry. Therefore, prima facie involvement of the applicants is established and therefore, present application may not be entertained.

7) Having heard learned counsel for both the sides and going through the allegations levelled against the applicants, it prima facie appears that, the dispute arose between the husband – wife due to marital discord, which is private in nature. However, the complainant by keeping grudge, arraigned other family members in the offence. It prima facie appears that in absence of any legal evidence in support of the accusation, there is no bar to exercise power under Section 482 of the Code of Criminal