Case Note & Summary
The applicants, who are the husband's family members (father, mother, sister, and brother-in-law), filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.370 of 2017 registered at Police Station Jaripatka, Nagpur, for offences under Sections 498A, 504 read with 34 of the Indian Penal Code, and the consequent Regular Criminal Case No.678 of 2018 pending before the Judicial Magistrate, First Class, Court No.7, Nagpur. The FIR was lodged by respondent no.2, the wife of applicant no.1 (Pranjal Gatade). The applicants contended that the allegations against them were general and omnibus, lacking specific instances of cruelty or harassment. They further submitted that the husband and wife had amicably settled their disputes and were living together, and that the wife had no objection to the quashing of the FIR against the in-laws. The State opposed the application, arguing that the FIR disclosed a prima facie case. However, the court noted that the allegations against the applicants were vague and did not attribute any specific role to them. The court also observed that the husband (applicant no.1) had not pressed the application, indicating that the dispute between the spouses was resolved. Relying on the principle that continuation of criminal proceedings against family members in the absence of specific allegations would be an abuse of the process of law, the court allowed the application and quashed the FIR and all consequential proceedings against applicants no.2 to 5 (the in-laws). The application was not pressed for applicant no.1 (husband).
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR registered under Sections 498A, 504 r/w 34 IPC against husband and in-laws - Allegations against in-laws were general and omnibus without specific overt acts - Husband and wife settled their disputes and were living together - Held that continuation of proceedings against in-laws would be an abuse of process of law and FIR quashed against them (Paras 1-6).
Issue of Consideration
Whether the FIR and consequent proceedings against the applicants (in-laws of the complainant) should be quashed under Section 482 of the Code of Criminal Procedure, 1973, when the allegations are general and omnibus and the husband and wife have settled their disputes.
Final Decision
The application is allowed. FIR No.370 of 2017 and Regular Criminal Case No.678 of 2018 are quashed against applicants no.2 to 5. The application is not pressed for applicant no.1.
Law Points
- Section 482 CrPC
- Quashing of FIR
- Abuse of process of law
- General and omnibus allegations
- Settlement between parties
