Case Note & Summary
The Supreme Court allowed the criminal appeal filed by the husband against the Telangana High Court order refusing to quash criminal proceedings under Section 498A IPC and Sections 3 and 4 of DP Act -- The Court found that the allegations of dowry demands and cruelty were general, unsubstantiated, and constituted normal wear and tear of married life -- The Court noted that the complaint appeared to be a counterblast to the legal notice sent by the husband for restitution of conjugal rights -- Considering that all other family members had been exonerated and the allegations lacked specific instances of cruelty, the Court quashed the proceedings under Section 482 CrPC -- The appeal was allowed and the criminal proceedings were set aside
Headnote
Criminal Law- Code of criminal Procedure, 1973- Section 482- Indian Penal Code, 1860- Section 498A- Dowry Prohibition Act, 1961- Sections 3 and 4-Matrimonial Discord-- Wife filed a complaint u/s 498A of IPC and U/s 3 and 4 of Dowry Prohibition Act- General and vague allegations-- High has already quashed the complaint qua in-laws-- No relief granted to the appellant-husband by the high court-- Aggrieved-- Challenged by --No Substance in genearl and vague allegations levelled in the complaint-- The Court held that the allegations constituted general wear and tear of marriage life -- The proceedings were found to be a counterblast to the legal notice sent by the appellant-husband for restitution of conjugal rights -- An act of the accused-appellant of sending money back to his family members cannot be misconstrued in a way that leads to a criminal prosecution--Merely mentioning the word of harassment in the complaint would not ipso facto attract the rpvisions of Section 498A of IPC-- Daily wear and tear of marriage cannot be termed as cruelty and harassment- Fit case to exercise inherent jurisdiction u/s 482 of Code--The appeal was allowed and the impugned order of the High Court was set aside Para- 20-28
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Issue of Consideration: Whether the criminal proceedings under Section 498A IPC and Sections 3 and 4 of DP Act should be quashed under Section 482 CrPC when allegations are general, unsubstantiated, and appear to be a counterblast to legal notice for restitution of conjugal rights
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Final Decision
The Supreme Court allowed the criminal appeal -- The Court quashed the proceedings arising out of FIR No.29 of 2022 and Complaint Case No.1067 of 2022 -- The impugned order of the High Court dated 27.04.2023 was set aside
