In matrimonial disputes, general allegations against family members lack legal standing unless substantiated by specific claims, warranting quashing proceedings against those without direct involvement.

ORAL ORDER

The petitioners are before this Court calling in question the registration of a crime in Crime No.343/2024 for the offences punishable under Sections 498A , 506 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act , 1961.

2. Heard Smt. Padmavathi N. learned counsel appearing for the petitioners, Sri. K.Nageshwarappa, learned HCGP for respondent No.1, Sri Shaikh Sawood, learned counsel appearing for respondent No.2.

3. The petitioners are accused Nos.1, 2, 3, 4 and 5.They are the husband, father-in-law, mother-in-law, brother-in- law and sister-in-law of respondent No.2/complainant, respectively. The complainant and accused No.1 get married on 13.02.2022. It transpires that the relationship between the complainant and her husband/accused No.1 flounders. On floundering of such relationship, a complaint comes to be registered by the wife against the husband and other members of the family, which is registered in Crime No.343/2024. The police, after investigation, file a charge sheet. Filing of the charge sheet is what has driven the petitioners to this Court in the subject petition.

4. This Court, owing to the fact of indiscriminate drawing of other members of the family into the web of crime, had granted an interim order of stay only against accused Nos.2 to5 . The proceedings were permitted to be continued against the husband/accused No.1.

5. Learned counsel appearing for the petitioners, taking this Court through the documents appended to the petition, would seek to demonstrate that the allegations against accused Nos.2 to 5, even if it is taken on its face value, would not amount to any offence that would become punishable under Section 498A or otherwise. The learned counsel would illustrate that accused No.5 who has been living in the United States of America for the last 20 years has also been drawn into the web of crime, to demonstrate the abuse of the process of the law. She would seek quashment of the proceedings against the accused Nos.2 to 5, and submit that the husband is facing trial and he would continue to face trial.

6. The learned counsel appearing for respondent No.2/complainant would vehemently refute the submission in contending that the police have filed the charge sheet and in the light of filing of the charge sheet, it is for the petitioners to come out clean in a full blown trial and seeks dismissal of the petition.

7. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record.

8. The afore-narrated facts, relation between the parties, are a matter of record. It would not require any iteration. Since the entire issue has now sprung from the complaint, I deem it appropriate to notice the complaint. The complaint reads as follows:

(Emphasis added)

The police after investigation have filed a charge sheet.

The summary of the charge sheet as obtained in column No.17 is as follows:

A perusal of the complaint or the summary of the charge sheet would clearly indicate horrendous offences committed by the husband who has indulged in grave overt acts upon the wife, while the allegations against accused Nos.2 to 4 is only of instigating the husband/accused No.1 to behave in the manner that he has behaved with the complainant. Insofar as accused No.5 is concerned, it is an admitted fact that she is not even residing in India for the last 20 years. She is residing in the United States of America, to which the learned counsel for the 2^nd respondent/complainant would accept the fact, but contends that accused No.5 over the phone used to instigate accused No.1 to behave in the manner that he has behaved.

9. The Apex Court, in a catena of judgments, holds tha