The Bombay High Court while quashing an FIR against in-laws of woman who alleged harassment at their hands, observed that nowadays, it has become a tendency to make vague and omnibus allegations, against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code.
Division bench of Justice ZA Haq and Justice Amit Borkar of the Nagpur bench concluded that it has become necessary for the Courts \”to carefully scrutinize the allegations and to find out if the allegations made really constitute an offence and meet the requirements of the law at least prima facie.\”
Court was hearing the criminal application filed by Shabnam Sheikh, her husband Arif Sheikh and Gani Sheikh, under Section 482 of CrPC, laying a challenge to the maintainability of FIR for offences punishable under Sections 498-A, 324, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The marriage between the complainant and her husband, who is the brother of Arif Sheikh was solemnized on September 25, 2011 and after marriage, both of them started residing separately from the applicants. Both Shabnam Sheikh and Gani Sheikh are sister-in-law\’s of the complainant.
According to the complainant, there were quarrels between the complainant and her husband, therefore, the complainant filed an FIR, which was compromised. Thereafter, complainant again on April 28, 2012 lodged complaint with the Women Cell of the same police station. Since, there was a constant quarrel with her husband, he also filed complaint on May 18, 2012 alleging harassment caused by parents and brother of the complainant.
The complainant had filed another report against her husband on April 28, 2012 but, the concerned police station did not take any action and had sent NC report to the complainant. Aggrieved by the same, the complainant approached the Judicial Magistrate First Class, Nagpur and filed an application under Section 156 (3) of the Code of Criminal Procedure and, then the FIR was lodged against the applicants.
According to the complainant, the applicants, alongwith her husband harassed her for dowry and there were several complaints filed by her with the Police Station as and when harassment was caused. The complainant prayed for the the application to be dismissed being devoid of merits.
Senior Advocate Anil S Mardikar appeared on behalf of the applicants alongwith Advocate SG Joshi, APP MK Pathan for the State and Advocate MN Ali for the complainant.