Shivani Thakur
Published on: April 11, 2022 at 21:03 IST
The Madhya Pradesh High Court, Gwalior Bench recently Quashed the First Information Report filed by a wife against her in-laws under Section 498-A Indian Penal Code, observing that the same was filed ‘to Wreak Vengeance’ and ‘with a Revengeful intent in Order to Pressurize and Harass’ her in-laws.
Justice R.K. Shrivastav hearing an Application under Section 482 Code of Criminal Procedure moved by the Applicants seeking Directions of the Court to Quash the First Information Report registered against them for Offences Punishable under Section 498A, 506, 34 Indian Penal Code and the consequential Criminal Proceedings against them.
As per the applicants, the Respondent could not adjust with the family of the Applicant after marriage. As a result, Applicant/husband filed a Divorce Application. The father-in-law also filed a Complaint against her for Offenses under Section 406,504 of Indian Penal Code. In order to seek revenge from them, Respondent got First Information Report registered against the Applicant.
“On perusal of the Impugned First Information Report as well as the documents available on record and in the light of the Judgments passed by Hon’ble Apex Court, it appears that the Allegations made against Petitioners are general and omnibus, therefore, they cannot be prosecuted U/S 498A of Indian Penal Code.”
“In the case at hand, earlier a petition under Section 13 of Hindu Marriage Act was filed on 13/03/2018 by husband of complainant and on 27/09/2019, a complaint was also filed by father-in-law of complainant where-after, the conciliation proceedings could not be succeeded due to difference of thoughts whatsoever between complainant and her husband. Present First Information Report has been lodged on 01/08/2019 by complainant is nothing, but only to wreck vengeance so also with a revengeful intent in order to pressurize and harass the petitioners.” the Supreme Court observed.
It added,
“Upon consideration of entire facts and circumstances of the Case coupled with the fact that Respondent No.2 has left her matrimonial home voluntarily without any rhyme and it is a fault on the part of the complainant to live separately prior to filing of the Impugned First Information Report and in absence of specific Allegation of Demand of Dowry or Harassment, the Impugned First Information Report deserves to be Quashed.”
The Court quashed the Impugned First Information Report against the Applicants along with the other Proceedings initiated and accordingly, the Application was allowed.