The absence of specific allegations against the petitioners under Section 498A IPC warrants quashing of proceedings to prevent abuse of process.

O R D E R

(Dated this the 18th day of March, 2026)

The accused persons 2 and 3 in CC No. 127 of 2023 on the file of Judicial First Class Magistrate Court, Piravom arising out of Crime No. 1021 of 2022 of Mulanthuruthy Police Station filed this Crl.MC under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioners and the co-

accused are under Sections 498A and 323 IPC .

2. The prosecution case is that, the 1^st accused being the husband of the defacto complainant and other accused persons being his parents subjected her to cruelty both physically and mentally on the ground of dowry and also that the 1^st accused voluntarily caused hurt to her.

3. According to the learned Counsel for the petitioners, as against the petitioners there was no specific allegations in the FI statement so as to constitute the offence punishable under Section 498 A IPC . Therefore, he prayed for quashing the proceedings against the petitioners.

4. The petition was opposed by the learned Public Prosecutor.

5. On a perusal of the FI Statement it can be seen that several allegations were raised against the accused persons in general. The only specific allegation leveled against the 2^nd petitioner is that on 04.10.2022, at about 7.00 am, when the 1^st accused came to assault her, she ran out of the house and at that time, the 2^nd petitioner attempted to assault her saying that after her arrival, the peaceful atmosphere in the residence was lost. Except the above allegation, there is no other specific allegation against the petitioners herein.

6. In order to constitute the offence punishable under Section 498A IPC , cruelty as defined in explanation (a) or (b) to is to be established. However, the allegations raised against the petitioners does not make out cruelty as defined in the above provision. Further, only against the 1st accused, the offence under Section 323 is alleged. Therefore, no useful purpose will be served in continuing the proceedings against the petitioners as the same will only be an abuse of the process of law. Therefore, this Crl.MC is allowed. All further proceedings against the petitioners in CC No. 127 of 2023 on the file of Judicial First Class Magistrate Court, Piravom is quashed.