Vague allegations of cruelty and dowry demand without specifics do not warrant criminal proceedings against accused.

ORAL ORDER

The petitioners-accused Nos.2, 3, 4 and 5 are before the Court calling in question registration of a crime in Crime No.130/2022 registered for offences punishable under Sections 506 , 34, 498A, 504 of the Indian Penal Code . During the subsistence of the petition, 3^rd petitioner-accused No.3 is no more. Therefore, the crime has stood abated qua accused No.3 one late Smt.S.Padmavathi. Who remain in the fray is accused Nos.2, 4 and 5. Therefore, the petition is answered qua accused Nos.2, 4 and 5.

2. Heard Sri.Chandan B.K. learned counsel appearing for the petitioners, Sri.Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri.Vivek, learned counsel appearing for respondent No.2 and have perused the material on record.

3. Before entering upon merit of the matter, I deem it appropriate to notice the relationship between the protagonists of the lis. The 2^nd respondent is the complainant W/o one S.Krishna-accused No.1 who is not before the Court. 1^st petitioner-accused No.5 is the husband of the 2^nd petitioner- accused No.4 and the 2^nd petitioner-accused No.4 is the sister- in-law of the complainant. The 4^th petitioner-accused No.2 is said to be the brother-in-law of the complainant. Marriage between the 2^nd respondent-complainant and one Krishna- accused No.1 takes place in the year 2009. The relationship between the two flounders. On floundering of the relationship, the complainant registers the subject complaint on 6.8.2022 before the jurisdictional police alleging the aforesaid offences. The registration of crime brings the petitioners to this court in the subject petition. This court grants an interim order of stay only in so far as petitioner Nos.1, 2 and 3 and refuses to grant stay in so far as the 4^th petitioner-accused No.2 is concerned. Therefore, the proceedings are now continued against the husband-accused No.1 and the brother-in-law of accused No.2.

4. Learned counsel for the petitioner submits that he would not press the petition qua accused No.2-4^th petitioner. As observed herein above, relationship between accused No.1 and the complainant flounders and floundering of the relationship leads the complainant to register a complaint which becomes a crime in Crime No.130/2022 for the aforesaid offences. Since the issue has now been brought before the Court on registration of the complaint, I deem it appropriate to notice the complaint. The complaint reads as follows:

5. A perusal at the complaint would indicate certain horrendous offences against accused No.1-husband and offences against accused No.2-the brother-in-law, it does not mention any overt act by the other accused, which can become the ingredients of the offences punishable under Sections 498A , 504 and 506 of the IPC as is alleged in the case at hand. Therefore, permitting further proceedings against petitioner Nos.1 and 2-accused Nos.4 and 5 would undoubtedly run foul of the judgment of the Apex Court in the case of BELIDE SWAGATH KUMAR v. STATE OF TELANGANA , 12025 SCC OnLine SC 2890, wherein, it is held as follows:

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18. Section 498A ofthe IPC deals with offences committed by the husband or relatives of the husband subjecting cruelty towards the wife. The said provision reads as under:

“498A. Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.— For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a v