Case Note & Summary
The applicants, Devalben (sister-in-law) and Kamalben (mother-in-law), filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 11218001210011/2021 registered at Mahila Police Station, Porbandar, for offences punishable under Sections 498A, 323, 504, 506(2), and 114 of the Indian Penal Code, 1860. The FIR was originally filed against the husband and other family members. The applicant No. 3 (Amit Sudhirbhai Amlani) withdrew his application. The trial against the husband proceeded, and he was acquitted by the learned trial court on 29.08.2023. The learned advocate for the applicants argued that the allegations against the mother-in-law and sister-in-law were general and vague, and that the FIR was an abuse of process of law, especially in light of the husband's acquittal. The learned advocate for the complainant and the learned APP opposed the quashing, submitting that the investigation was stayed against the other accused and that the FIR required investigation. The High Court, after hearing submissions, noted that the husband had been acquitted and that the allegations against the applicants were general in nature. The court held that continuing the proceedings against the mother-in-law and sister-in-law would be an abuse of the process of law. Consequently, the court allowed the application and quashed the FIR and all consequential proceedings against the applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process of Law - FIR against mother-in-law and sister-in-law under Sections 498A, 323, 504, 506(2), 114 IPC - Husband acquitted by trial court - Allegations general and vague - Held that continuation of proceedings against relatives would be an abuse of process of law, FIR quashed (Paras 1-6).
Issue of Consideration
Whether the FIR against the mother-in-law and sister-in-law can be quashed when the husband has been acquitted and the allegations are general in nature.
Final Decision
The application is allowed. The FIR being CR No.11218001210011/2021 registered with Mahila Police Station, Porbandar and all consequential proceedings are quashed and set aside qua the applicants.
Law Points
- Quashing of FIR
- Abuse of process of law
- General allegations against relatives
- Acquittal of main accused
- Section 482 CrPC
