'Allegations Of General Nature': Gujarat HC Quashes FIR Against Husband's Distant Relative Accused Of Taunting Complainant For Not Bringing Dowry
The Gujarat High Court recently quashed proceedings for the offence of dowry harassment against a distant relative of the complainant's husband, observing that no specific incidents were alleged in the entire FIR and the allegation against him was purely "general in nature"."Considering the fact that the applicant happens to be the distant relative of the husband of the complainant, it...
The Gujarat High Court recently quashed proceedings for the offence of dowry harassment against a distant relative of the complainant's husband, observing that no specific incidents were alleged in the entire FIR and the allegation against him was purely "general in nature".
"Considering the fact that the applicant happens to be the distant relative of the husband of the complainant, it seems that the impugned order is nothing but an attempt to falsely implicate the applicant as accused just with a view to harass the applicant. The allegation against the applicant is purely of general in nature and considering the fact that the applicant stays at a different place, the registration of impugned FIR against the applicant is nothing but an abuse of process of law," Justice Nirzar Desai said.
The FIR was lodged under Sections 498A (Cruelty in matrimonial home), 323 (voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of peace), and 506(2) (criminal intimidation to cause death or grievous hurt) of IPC and Section 4 of Dowry Prohibition Act.
It was alleged that the Applicant used to taunt the complainant that she got married by 'cheating' and that she had not brought anything which would suit the reputation of the family of the husband in the society. The Complainant insisted that because of the pendency of the instant application, the IO was not filing a chargesheet against the Husband against whom there was material.
The High Court however noted that in the entire FIR, there was only one sentence against the Applicant about taunting her and the prosecution had failed to supply any material against him.
Thus, the Bench concluded that such allegations in the impugned FIR amount to 'abuse of process of law' and consequently, the same was set aside qua the Applicant.
Case No.: R/CR.MA/887/2020
Case Title: PAAVANBHAI JAGDISHBHAI PANCHAL v/s STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 342