Heard learned counsels appearing for the parties. At the request of learned counsels, matter is taken up for final disposal, at this stage. Hence, Rule. Rule is waived by learned counsels for the respective parties. Rule is fixed forthwith, as requested by learned counsels.
The petition was originally filed on behalf of 6 applicants, but as could be seen from the order dated 14.02.2012, learned counsel for the applicants did not press this petition qua applicants No. 1 to 3 and hence, now, it survives only for applicants no. 4, 5 and 6 i.e. grand father-in-law, grand mother-in-law and sister-in-law.
The complainant has filed this complaint alleging that the respondents have committed offence punishable under Sections 498(A), 506(2), 323, 504, 114 of the IPC. The narration in the complaint is qua applicant no.6 that she was using sarcastic language and taunting on the aspect of complainant not bringing dowry. Except those averments, the entire complaint is silent qua any other role which could be said to be attributable to the applicant no.6. So far as applicants no. 4 and 5 are concerned, there is no whisper in the complaint qua any overt or other action on their part which would have justified their existence as accused in the complaint.
Learned advocate for the applicants submitted that proceedings before the trial Court are not proceeded on account of pendency of this petition and Court may pass appropriate order. Though, he submitted that there are allegation of harassment by applicant no.6, he could not point out any allegation qua applicants no.4 and 5.
The Court is of the considered view that looking to the tenor of the complaint, allegation and lack of allegation qua applicants no.4 and 5 and the nature of allegation qua applicant no. 6, the complaint qua them is required to be quashed and is accordingly quashed. Rule made absolute.
Now, as the complaint is quashed qua applicants no. 4, 5 and 6, it goes without saying that trial Court will proceed if there is no other prohibitory order from any other forum in respect of the accused. It goes without saying that trial Court may proceed further as both the counsels have agreed to instruct their counterparts to avoid adjournments.
Direct service is permitted.
(S.R.BRAHMBHATT, J.) Pankaj Page 3 of 3