Quashing of FIR and Charge Sheet in Matrimonial Dispute: No Prima Facie Case Against In-Laws.


12 January 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   FIR >> Criminal Law  

The Applicants, who are the mother-in-law and sisters-in-law of Respondent No.2, filed an application under Section 482 of the Criminal Procedure Code to quash FIR No. I-106/2023 and Charge Sheet No. I-152/2023, which were registered at Vashi Police Station for alleged offenses under sections 323, 406, 498-A, 504, and 34 of the Indian Penal Code. The FIR was lodged by Respondent No.2 following allegations of cruelty, dowry demand, and mistreatment during and after her marriage to Nitin Sharma, the son of Applicant No.1. The Respondent claimed that her in-laws demanded valuable items and cash, and subjected her to mental and physical abuse.

 

 

The Applicants contested the charges, arguing that the allegations did not constitute a cognizable offense, particularly under Section 498-A of the IPC, which defines cruelty. The Court, after reviewing the case and considering the material on record, determined that the allegations against the Applicants were not sufficient to establish a prima facie case of cruelty. It was observed that there was no evidence showing coercion to meet unlawful dowry demands or involvement in any substantial abusive conduct. The Court also noted concerns about the misuse of Section 498-A, where relatives of the husband are often implicated without sufficient grounds.

The Court concluded that compelling the Applicants to face trial would be an abuse of the legal process. Therefore, it quashed the FIR and charge sheet against the Applicants.


Section 482., Code of Criminal Procedure - 1973  

Section 34., Indian Penal Code - 1860  

Section 323., Indian Penal Code - 1860  

Section 406., Indian Penal Code - 1860  

Section 498A., Indian Penal Code - 1860    

Section 504., Indian Penal Code - 1860  

Indian Penal Code, 1860