The Madhya Pradesh High Court recently comprising of a single Judge bench of Justice R.K. Shrivastava while quashing an FIR filed by a wife against her in-laws under Section 498-A IPC, observed that the same was filed \’to wreak vengeance\’ and \’with a revengeful intent in order to pressurize and harass\’ her in-laws and therefore it must be quashed. (Alok Lodhi & Ors. Vs. State of MP & Anr)
Facts of the case
The Applicants sought directions of the Court to quash the FIR registered against them for offences punishable under Section 498A, 506, 34 IPC and the consequential criminal proceedings against them.
This petition under Section 482 of CrPC has been filed to quash FIR at Crime No.418 of 2019 registered by Police Station Kotwali, Ashok Nagar for offence under the above mentioned sections and other subsequent proceedings initiated therefrom.
Issue before the Court
Whether an impugned FIR has been lodged by the complainant with a revengeful intent or only to wreck vengeance against the petitioners or not ?
Contention of the Parties
Learned counsel appearing for the petitioners submitted that the entire allegations are completely false and FIR itself lodged with clear motive to harass and pressurize the petitioners. The complainant is a quarrelsome lady and used to quarrel with her in-laws as she has no interest to live peacefully with them and even she does not want to live with her husband. The attitude as well as conduct of the complainant towards her in-laws is not good since the date of marriage.
It was further submitted that the marriage of petitioner no.4, who is sister-in-law of complainant is living separately at Bhopal whose marriage was performed prior to the date of marriage of complainant. There is no specific allegation either in regard to demand of dowry or harassment against the petitioners and only omnibus and vague allegations have been made against them in order to harass and pressurize them to attract offence under Section 498A of IPC. Therefore, the impugned FIR itself is nothing but a clear abuse of process of law and it has been made with a revengeful intent and only with an intention to wreck vengeance as against the petitioners, a false FIR has been lodged, therefore, the same deserves to be quashed.
On the other hand thee State Counsel as well as Counsel for complainant respondent No.2, submitted that other proceedings pending before petitioners and respondent No.2 are not impediment for her to lodge the present FIR for the alleged offences committed by petitioners herein. Offence under Section 498- A of IPC is a continuous offence and cause of action arose even after her marriage and her in-laws harassed her by demanding huge sum of dowry. There is a specific allegation against the petitioners for demanding a huge sum of dowry and allegation of committing \’\’marpeet\’\’ with the complainant. Hence, prayed for dismissal of this petition.
Court\’s observations and Judgment
The bench at the very outset relied upon the judgment of State of Haryana v. Ch. Bhajan Lal (1992 Supp (1) 335), wherein it was held by the Hon\’ble Apex Court that where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wrecking vengeance on the accused and with a view to spite him due to private and personal grudge, then criminal proceeding can be quashed exercising the inherent jurisdiction of the High Court under Section 482 of the Code.
The bench taking note of the facts of the case noted, \”On perusal of the impugned FIR as well as the documents available on record and in the light of the judgments passed by Hon\’ble Apex Court, it appears that the allegations made against petitioners are general and omnibus, therefore, they cannot be prosecuted u/S 498A of IPC. In the present matter, earlier husband of the complainant (herein petitioner No.1) filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage before Principal Judge, Family Court, Aligarh on 13/08/2018 and thereafter, petitioner No.3 who is the father-in-law of complainant, has also filed a complaint before the Court of AJCM, Aligarh on 27-07-2019 for commission of offences under Sections 406, 504 of IPC against the complainant and her family members vide Annexure A5.\”
Moreover, in the case at hand, earlier a petition under Section 13 of Hindu Marriage Act was filed on 13/03/2018 by husband of complainant and on 27/09/2019, a complaint was also filed by father-in-law of complainant where-after, the conciliation proceedings could not be succeeded due to difference of thoughts whatsoever between complainant and her husband. Present FIR has been lodged on 01/08/2019 by complainant is nothing, but only to wreck vengeance so also with a revengeful intent in order to pressurize and harass the petitioners.
The bench quashing the proceedings remarked, \”Upon consideration of entire facts and circumstances of the case coupled with the fact that respondent No.2 has left her matrimonial home voluntarily without any rhyme and it is a fault on the part of the complainant to live separately prior to filing of the impugned FIR and in absence of specific allegation of demand of dowry or harassment, the impugned FIR deserves to be quashed. Accordingly, FIR at Crime No.418 of 2019 registered against the petitioners by Police Station Kotwali, Ashok Nagar for offence u/Ss 498-A, 506, 34 of IPC & other subsequent proceedings initiated therefrom stand quashed.\”
Source : https://www.latestlaws.com/case-analysis/fir-lodged-with-revengeful-intent-to-harass-in-laws-hc-quashes-fir-registered-u-s-498a-ipc-read-order-184660
