Penal Code, 1860 – ss.498-A, 324, 355, 504, 506 r/w. s.149 – Allegation that respondent-husband and other in-laws harassed appellant-wife physically and mentally and also demanded dowry – Appellant started residing at her parental home – On 27.10.2020, respondent-husband and other in-laws went to parental home of appellant and threw chilli powder in her eyes, abused and assaulted her relatives with slippers and stones – Neighbours, including one S, intervened and rescued them – FIR registered – The in-laws assailed the proceeding before the High Court – The Single Judge of the High Court quashed the proceeding only against the septuagenarian parents-in-law – Subsequently, respondent-husband prayed for quashing before another co-ordinate single bench which came to be allowed – Correctness:
Held: In the instant case, while one judge refused to quash proceeding against the in-laws, inter alia, observing wound certificate demonstrates the appellant was assaulted and suffered simple injuries, another judge by the impugned order quashed the proceeding against respondent-husband holding the medical certificate was not consistent with the allegations in the complaint i.e. the wound certificate does not show the injuries were caused by a blunt weapon – Having perused the impugned judgment, this Court is of the view that judge erred in law by embarking upon an enquiry with regard to the credibility or otherwise of the allegations in the FIR/Chargesheet – The Judge compared the nature of assault described in the FIR vis-à-vis wound certificate and came to a finding that the allegations are untrue – In doing so, the Judge had undertaken a mini trial to quash the proceeding which is impermissible in law – There is no hesitation in holding that the allegation of throwing chilli powder and assault on the appellant by respondent-husband and other in-laws is not only supported by the wound certificate which discloses simple injury but also the statement of the neighbour-S – Given this situation, it cannot be said the case falls in the category of those cases where there is no legal evidence or evidence is “manifestly and clearly inconsistent” with the accusation levelled in the chargesheet – Thus, the impugned order is set aside and proceeding against the respondent-husband is revived. [Paras 8, 9, 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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