THE HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.7133 of 2012 Dated: 16.07.2014 Between:
Anjani @ B.Niranjani, W/o B.Sattaiah … Petitioner And The State, rep. by Public Prosecutor and another … Respondents The Court made the following :
THE HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.7133 of 2012 ORDER:
This criminal petition is filed to quash FIR in Crime No.123 of 2012 of Women’s police station, Cyderbad District for the offence under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. According to FIR, petitioner is shown as A7. Advocate for the petitioner submitted that in the complaint filed by the 2nd respondent, there are no allegations of any kind leave alone specific allegations against the petitioner, who is cited as A7. He submitted that the complaint is totally silent about the role of petitioner for the alleged offences. He submitted that the petitioner is neither related to the husband nor she is staying with the 2nd respondent or with the family members of husband of 2nd respondent. He submitted that the FIR against the petitioner is a clear abuse of process of law and liable to be quashed and further continuation of proceedings against the petitioner would result in gross misuse of process of the Court.
3. Learned Public Prosecutor submitted that investigation is still in progress and so far 7 witnesses were examined.
4. I have perused the material papers filed along with quash petition and the complaint on the basis of which, FIR is registered. In the entire complaint, there is no allegation of any kind against the petitioner for the alleged harassment caused to 2nd respondent. In the complaint, in subject column, the relationship of the parties is mentioned in which the petitioner is referred as mother of co-sister of 2nd respondent. There is no whisper in the body of the complaint how the mother of co-sister is concerned with the harassment caused to 2nd respondent. Admittedly, petitioner is not a family member of husband of 2nd respondent and no allegations or specific allegations are made against the petitioner.
In State of Haryana and others Vs. Bhajan lal and others the Hon’ble Supreme Court observed as follows :-
“1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.”
[1]
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5. On a reading of entire complaint, it is clear that the complaint is totally silent about the involvement of petitioner for the alleged offences. Further, petitioner is not a member of the family of husband of 2nd respondent nor she stayed at any point of time in the marital home of 2nd respondent. Even if the allegations in the complaint are accepted as true and correct, no offence is made out against the petitioner. Therefore, continuing proceedings against petitioner would amount to abuse of process of Court and as such, the proceedings against her are liable to be quashed.
6. For these reasons, the Criminal Petition is allowed and the FIR is quashed against the petitioner.
As a sequel, miscellaneous petitions, if any filed in this criminal petition, shall stand closed.
S. RAVI KUMAR, J 16th July, 2014. ssp
[1] 1992 Supreme Court Cases (Crl) 426