Insufficient specific allegations against accused quashed under Section 482 of Cr.P.C.

ORDER

The petitioners are the accused persons 2 and 3 in C.C No.67/2021 on the file of the Judicial First Class Magistrate Court-II, Perambra arising from Crime No.787/2020 of Balussery Police Station, Kozhikode. The offences alleged against the petitioners are under Sections 498A and 406 read with Section 34 of the Indian Penal Code, 1860 .

2. The prosecution case is that the 1^st accused being the husband of the defacto complainant along with the petitioners herein who are his relatives, subjected her to cruelty both physically and mentally demanding more dowry and thereby they are alleged to have committed the aforesaid offence.

3. According to th learned counsel for the petitioners, there is no specific allegation against the petitioners either in the F.I Statement or in the subsequent statement given by the defacto complainant and as such further proceedings against the petitioners is liable to be quashed.

4. The petition was strongly opposed by the learned counsel for the 1^st respondent as well as the learned Public Prosecutor.

5. On a perusal of the F.I Statement as well as the additional statement given by the defacto complainant, it can be seen that several allegations are raised against the accused persons. However, as against the petitioners herein not even a single specific overt act is alleged with material particulars. In the above circumstance, no useful purpose will be served in proceeding against the petitioners any further. Therefore, this Crl.M.C is liable to be allowed.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioners/accused Nos.2 and 3 in C.C N.67/2021 on the file of the Judicial First Class Magistrate Court-II, Perambra, arising from Crime No.787/2020 of Balussery Police Station, Kozhikode, stands quashed under Section 482 of Cr.P.C.