Case Note & Summary
The applicants, Rajendra Daulatrao Wankhede and Balasaheb Daulatrao Wankhede, who were accused Nos. 6 and 7 in Crime No. 03 of 2021 registered at Harsul Police Station, Aurangabad, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the FIR and the subsequent proceedings in R.C.C. No. 906 of 2021 and Sessions Case No. 167 of 2021. The FIR was lodged by respondent No. 2, Ashok Dashrat Khandale, father of the deceased Ashwini, who was married to Dhammapal Bhimrao Wankhede on 19-02-2020 and died by suicide on 02-01-2021. The informant alleged that after two months of marriage, the deceased's husband started demanding a share in the informant's agricultural land and Rs. 1,00,000, and harassed her. The informant also alleged that when he went to the house of the applicants (cousin fathers-in-law of the deceased), they quarreled with him and prevented him from taking his daughter. The applicants were arrested during investigation. The applicants argued that they were distant relatives, not living with the deceased, and the allegations against them were vague and omnibus without any specific overt acts. The State and respondent No. 2 opposed the quashing. The High Court, after examining the FIR and charge-sheet, found that the allegations against the applicants were general in nature and did not disclose any specific role or overt act. The court held that continuing the proceedings against them would be an abuse of the process of court. Accordingly, the court allowed the application and quashed the FIR and all proceedings against the applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court examined whether proceedings against distant relatives (cousin fathers-in-law) could be quashed when allegations were omnibus and lacking specific overt acts - Held that continuing such proceedings would be an abuse of process of court, and the FIR and charge-sheet were quashed (Paras 1-14). B) Indian Penal Code - Dowry Death - Sections 304-B, 498-A, 306 IPC - Specific Allegations - The court noted that the FIR and charge-sheet contained only general allegations of harassment and demand of dowry against the applicants, who were not living with the deceased - Held that in the absence of specific overt acts, the ingredients of the offences were not made out against them (Paras 5-12).
Issue of Consideration
Whether criminal proceedings against the applicants, who are cousin fathers-in-law of the deceased, can be quashed under Section 482 CrPC when the FIR and charge-sheet contain only general and omnibus allegations without any specific overt acts.
Final Decision
The application is allowed. The FIR in Crime No. 03 of 2021 registered with Harsul Police Station and the proceedings in R.C.C. No. 906 of 2021 and Sessions Case No. 167 of 2021 pending before the learned Judicial Magistrate First Class, Aurangabad and learned Sessions Judge, Aurangabad respectively, are quashed and set aside insofar as the applicants are concerned.
Law Points
- Section 482 CrPC
- Quashing of FIR
- Abuse of process of court
- Omnibus allegations
- Distant relatives
- Dowry death
- Section 498-A IPC
- Section 304-B IPC
- Section 306 IPC
