Case Note & Summary
The applicant, Sonia Jaiswal, sister-in-law of the informant Sapna Jaiswal, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of R.C.C. No. 821/2019 pending before the Chief Judicial Magistrate, Dhule, arising from FIR No. 344/2019 for offences under Sections 498A, 406, 323, 504, 506 read with 34 of the Indian Penal Code. The informant alleged that after her marriage on 02.03.2017, she was treated well for four days, but later her husband and in-laws made unlawful monetary demands and subjected her to cruelty. The applicant, being the sister-in-law, was residing separately at Chandrapur, far from the matrimonial home in Nagpur. The informant's FIR contained general allegations against all accused without specifying any particular act by the applicant. The court, after perusing the FIR and considering the submissions, found that no specific overt acts were attributed to the applicant and that she was residing separately. The court held that continuing the proceedings against her would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the FIR and the RCC proceedings against the applicant.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Lack of Specific Allegations - Applicant, sister-in-law of informant, residing separately from matrimonial home - FIR contained general and omnibus allegations against all accused without attributing specific overt acts to the applicant - Held that continuation of proceedings would be an abuse of process of law and hence FIR and RCC quashed (Paras 1-8).
Issue of Consideration
Whether the criminal proceedings against the applicant, who is the sister-in-law of the informant and residing separately, can be quashed under Section 482 of the Code of Criminal Procedure, 1973 for lack of specific allegations.
Final Decision
The court allowed the application and quashed FIR No. 344/2019 and R.C.C. No. 821/2019 pending before the Chief Judicial Magistrate, Dhule, against the applicant only.
Law Points
- Quashing of criminal proceedings
- Section 482 CrPC
- lack of specific allegations
- sister-in-law residing separately
- no prima facie case
- abuse of process of law
Case Details
2022 LawText (BOM) (08) 33
Criminal Application No. 292 of 2022
Smt. Vibha Kankanwadi, Rajesh S. Patil
Mr. Rupesh A. Jaiswal for applicant, Mr. A. M. Phule APP for respondent/State, Mr. A. P. Bhandari for respondent No. 2
The State of Maharashtra and Sapna w/o Mayur Jaiswal
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Nature of Litigation
Criminal application for quashing of FIR and RCC proceedings under Section 482 CrPC
Remedy Sought
Quashing and setting aside of R.C.C. No. 821/2019 pending before CJM, Dhule, arising from FIR No. 344/2019
Filing Reason
Applicant, sister-in-law of informant, was implicated in FIR for dowry harassment despite residing separately and no specific allegations against her
Issues
Whether the FIR and criminal proceedings against the applicant can be quashed under Section 482 CrPC for lack of specific allegations?
Submissions/Arguments
Applicant argued that she is sister-in-law of informant, residing separately at Chandrapur, and no specific overt acts are attributed to her in the FIR.
Respondent State and informant opposed the application, but the court found no specific allegations against the applicant.
Ratio Decidendi
Where the FIR contains general and omnibus allegations against all accused without attributing specific overt acts to a particular accused who is residing separately from the matrimonial home, continuation of criminal proceedings against such accused would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
By the present application filed under Section 482 of the Code of Criminal Procedure, the applicant is praying for quashing and setting aside of the R.C.C. No. 821/2019 pending before the learned Chief Judicial Magistrate, Dhule, filed in FIR No. 344/2019, for the offences punishable under Sections 498A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code.
The applicant herein is the sister-in-law of respondent no. 2-informant.
Procedural History
FIR No. 344/2019 was registered at Dhule Police Station for offences under Sections 498A, 406, 323, 504, 506 r/w 34 IPC. After investigation, R.C.C. No. 821/2019 was filed before the Chief Judicial Magistrate, Dhule. The applicant filed Criminal Application No. 292 of 2022 under Section 482 CrPC before the Bombay High Court, Aurangabad Bench, seeking quashing of the proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 498A, 406, 323, 504, 506, 34
