Case Note & Summary
The applicants, who are relatives of the complainant's husband, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of Regular Criminal Case No.56/2017 pending before the Judicial Magistrate, First Class, Manora, arising out of Final Report No.43/2017 for offences under Sections 498A, 504 and 506 read with Section 34 of the Indian Penal Code, 1860. The complainant, respondent no.2, alleged that she was subjected to cruelty by her husband and his relatives. The applicants contended that the complaint and statements of witnesses contained only general and omnibus allegations against them without any specific role attributed. The State and the complainant opposed the application, arguing that there was sufficient evidence. The High Court, after perusing the report and statements, found that the allegations against the applicants were general in nature and no specific overt acts were attributed to them. The court held that continuing the proceedings would be an abuse of the process of law and accordingly quashed the criminal proceedings against the applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - General and Omnibus Allegations - Complaint against eight persons including applicants (relatives of husband) contained only general allegations of harassment without specific overt acts attributed to each applicant - Held that continuation of proceedings would be an abuse of process of law and liable to be quashed (Paras 6-8).
Issue of Consideration
Whether criminal proceedings against applicants can be quashed when the complaint contains only general and omnibus allegations without attributing any specific role to them.
Final Decision
The court allowed the application and quashed the criminal proceedings against the applicants in Regular Criminal Case No.56/2017.
Law Points
- Quashing of criminal proceedings
- lack of specific allegations
- general and omnibus allegations
- abuse of process of law
- Section 482 CrPC
Case Details
2018 LawText (BOM) (07) 179
Criminal Application (APL) No.538 of 2017
P.N. Deshmukh, M.G. Giratkar
Shri A.M. Kukday (for applicants), Smt. M.H. Deshmukh (APP for respondent no.1), Shri A.B. Mirza (for respondent no.2)
Sawan Baliram Rathod, Sau. Sangeeta Sawant Rathod, Pawan Pandit Pawar, Sau. Renu Pawan Pawar
State of Maharashtra, Sau. Suwarna Pravin Rathod
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Nature of Litigation
Criminal application for quashing of charge sheet and criminal proceedings
Remedy Sought
Quashing of Final Report No.43/2017 registered as Regular Criminal Case No.56/2017 pending before Judicial Magistrate, First Class, Manora
Filing Reason
Applicants alleged that the complaint contained only general and omnibus allegations without specific role attributed to them
Issues
Whether the criminal proceedings against the applicants should be quashed due to lack of specific allegations?
Submissions/Arguments
Applicants argued that the report and statements of witnesses contain only general allegations and no specific role is attributed to them, hence no case is made out.
Respondents argued that there is sufficient evidence against applicants and they along with husband subjected complainant to cruelty.
Ratio Decidendi
Where the allegations in the complaint are general and omnibus in nature and no specific overt acts are attributed to the accused, continuation of criminal proceedings would be an abuse of process of law and liable to be quashed under Section 482 CrPC.
Judgment Excerpts
From the report it is also revealed that respondent no.2 was married to Praveen...
In the circumstances, we find that the allegations against applicants are general in nature and no specific overt acts are attributed to them.
Procedural History
The applicants filed Criminal Application (APL) No.538 of 2017 before the Bombay High Court, Nagpur Bench, seeking quashing of Final Report No.43/2017 registered as Regular Criminal Case No.56/2017 pending before Judicial Magistrate, First Class, Manora. The court heard the parties and passed the judgment on 16 July 2018.
Acts & Sections
- Indian Penal Code, 1860: 498A, 504, 506, 34
- Code of Criminal Procedure, 1973: 482
