Case Note & Summary
The applicants, including husband and in-laws, filed an application under Section 482 of the Criminal Procedure Code, 1973 seeking quashing of FIR No.191/2022 registered at Police Station Sewali, District Jalna, and the consequent charge-sheet in R.C.C. No.247/2022 pending before the Judicial Magistrate First Class, Mantha. The FIR alleged offences under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860, based on a complaint by the wife (respondent no.2) claiming cruelty and illegal demands for household articles like TV, AC, fridge. The applicants contended they were falsely implicated. The court noted that the last alleged incident of demand occurred in May 2022, while the FIR was lodged on 22.10.2022, an unreasonable delay. During the informant's stay with the applicants from 30.09.2022 to 21.10.2022, no demand was made. The court found no prima facie evidence of cruelty and held that the FIR and charge-sheet deserved to be quashed. The application was allowed, and the FIR and charge-sheet were quashed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Prima Facie Evidence - Application for quashing of FIR alleging cruelty and dowry demands - Court found no evidence of cruelty during informant's stay with applicants and unreasonable delay in lodging FIR - Held that FIR and charge-sheet deserve to be quashed (Paras 2-5).
Issue of Consideration
Whether the FIR and charge-sheet for offences under Sections 498-A, 323, 504, 506 read with 34 IPC should be quashed under Section 482 CrPC for lack of prima facie evidence and unreasonable delay.
Final Decision
Application allowed. FIR No.191/2022 and charge-sheet in R.C.C. No.247/2022 quashed.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Lack of prima facie evidence
- Unreasonable delay
- False implication
