Criminal proceedings under Section 498-A IPC and the Dowry Prohibition Act cannot be sustained against relatives of the husband based on vague, general, or omnibus allegations without specific overt acts, as such prosecution constitutes an abuse of the process of law.

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), seeking quashment of the proceedings in C.C. No. 1493 of 2019 on the file of the Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate at Rajendranagar, Cyberabad.

2. The petitioner is arrayed as accused No. 4, being the brother of the husband of the de facto complainant, for the offences punishable under Section 498-A of the IPC and Sections 4 and 6 of the Dowry Prohibition Act, 1961 (for short, “the Act”).

2. Heard Mr. Gulam Rabbani, learned counsel for the petitioner, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No. 1-State.

3. Briefly stated, the case of the petitioner is that, on the basis of a report lodged by respondent No. 2, a case in Crime No. 198 of 2019 was registered, and upon completion of investigation, a charge sheet was filed. The allegations in the complaint primarily pertain to a demand for dowry to the tune of Rs. 30,00,000/- and subjecting the de facto complainant/respondent No. 2 to cruelty. Insofar as the petitioner/accused No. 4 is concerned, it is alleged that he participated along with the other accused in subjecting the complainant to harassment.

4.1. Learned counsel for the petitioner contends that there are no specific allegations or overt acts attributed to the petitioner/accused No. 4 either in the complaint or in the charge sheet, and that his implication in the crime is solely on account of his relationship with accused No. 1. The allegations are stated to be vague, omnibus, and general in nature, without disclosing any specific role played by the petitioner.

4.2. It is further contended that, in matrimonial disputes, relatives of the husband cannot be mechanically roped in without concrete material. The petitioner asserts that, even if the entire material on record is taken at face value, no prima facie case is made out against him, and that the complaint has been lodged with a mala fide intention to harass and pressurize the family members for settlement.

4.3. The petitioner further submits that he is a law-abiding citizen with no criminal antecedents, and that the continuation of proceedings would result in undue hardship and harassment, amounting to an abuse of the process of law. Accordingly, he seeks quashment of the proceedings in the calendar case insofar as he is concerned.

5.1. Per contra, the respondent/defacto complainant submits that, based on her complaint, the crime was registered and, after due investigation, a charge sheet was filed against all the accused, including the present petitioner. It is asserted that all the accused were residing in the same premises as a joint family and collectively participated in subjecting her to continuous harassment and ill-treatment in connection with the unlawful demand for dowry of Rs. 30,00,000/-.

5.2. It is further contended that the allegations are neither vague nor general, but are supported by statements recorded during the course of investigation, which disclose the active involvement of each accused, including the petitioner. The respondent also places reliance on the orders passed under the Protection of Women from Domestic Violence Act, 2005, wherein protection orders were granted, thereby lending support to the existence of a prima facie case against the accused.

5.3. The respondent further submits that the present petition is based on false and misleading averments and has been filed with an intent to evade due process of law. It is contended that the cruelty inflicted upon her was continuous in nature, and that the case is genuine and not instituted for harassment or settlement. It is further argued that there is sufficient material on record to proceed against all the accused, and that invoking the extraordinar