Insufficient specific allegations under Section 498A of IPC can lead to quashing of proceedings.

ORDER

Dated this the 16^th day of March, 2026 The accused Nos. 1 to 4 in C.C. No. 669 of 2023 on the file of Judicial First Class Magistrate Court-I, Chalakudy, arising out of Crime No. 127 of 2023 of Aloor police station, filed this Crl.M.C. under Section 482 of the Cr.P.C. praying for quashing all further proceedings against the petitioners. The offence alleged against the petitioners is under Section 498-A of the IPC .

2. The prosecution case is that the 1^st accused being the husband of the defacto complainant and the other accused being his relatives subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.

3. According to the learned counsel for the petitioners, even if the entire allegations levelled against them are believed as such, the same will not constitute the offence punishable under Sections 498A of the IPC . Therefore, she prayed for quashing all further proceedings against the petitioners.

4. The petition was opposed by the learned counsel for the 2^nd respondent/defacto complainant as well as the learned Public Prosecutor.

5. On a perusal of the FI statement, it can be seen that though several allegations are raised against the petitioners in general, there are no specific allegations so as to constitute the offence under Section 498A of the IPC . The only specific allegation mentioned in the FI statement is that the 1^st accused caused a lawyer notice to be issued to the defacto complainant asking her to return to the matrimonial home along with her 50 sovereigns of gold ornaments and accordingly she returned to the matrimonial home with her 50 sovereigns of gold ornaments, out of which the 1^st petitioner received 35 sovereigns of gold. However, there is no allegations that for the purpose of bringing her gold to the matrimonial home she was subjected to any kind of cruelty.

6. In the above circumstances, it can be seen that the offence under Section 498A of the IPC is not prima facie made out against the petitioners and as such no useful purpose will be served in continuing the proceedings against the petitioners. 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 1 to 4 in C.C. No. 669 of 2023 on the file of Judicial First Class Magistrate Court-I, Chalakudy, arising out of Crime No. 127 of 2023 of Aloor police station, is quashed.

Sd/-