Code of Criminal Procedure, 1973 – s. 482 – Quashing of the docket order – Matter pertaining to matrimonial disputes, wherein the High Court refused to quash the docket order which re-initiated criminal proceedings against the husband and in-laws for offences u/s. 420, 498A, 506 IPC and u/s. 3, 4 of the Dowry Prohibition Act, 1961 – Correctness: Held: A bare perusal of the complaint, statement of witnesses’ and the charge-sheet shows that the allegations against the husband and in-laws are wholly general and omnibus in nature; even if taken in their entirety, they do not prima facie make out a case against the husband and in-laws – Material on record neither discloses any particulars of the offences alleged nor discloses the specific role/allegations assigned to any of the husband and in-laws in the commission of the offences – Husband and inlaws approached the High Court on inter alia grounds that the proceedings were re-initiated on vexatious grounds and even highlighted the commencement of divorce proceedings by the wife, as such the High Court had a duty to consider the allegations with great care and circumspection so as to protect against the danger of unjust prosecution – Thus, the material on record being wholly insufficient to proceed against the husband and in-laws, the impugned orders and the docket order set aside and the criminal proceedings against the husband and in-laws quashed. [Paras 14, 17, 18]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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