Dowry case: Criminal complaint quashed
Hyderabad: Justice K Lakshman of Telangana High Court quashed a criminal complaint in a dowry prohibition case against one of the accused on the ground that “the improved version in the charge-sheet with that of complaint” robbed the case of its credibility. The relatives of the husband should not be roped in on the basis […]
Hyderabad: Justice K Lakshman of Telangana High Court quashed a criminal complaint in a dowry prohibition case against one of the accused on the ground that “the improved version in the charge-sheet with that of complaint” robbed the case of its credibility. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out, he said.
The judge was dealing with a petition seeking to quash a criminal case filed against Gundapaneni Rakesh on the file of XIV Metropolitan Magistrate, Cyberabad. A complaint was lodged by the father of the woman against his son-in-law for offences under Section 498 A along with provisions of Dowry Prohibition Act. The petitioner is the cousin of the principle accused and was staying with the couple at the time when the alleged incidents of harassment took place.
The name of the petitioner was not there in the complaint lodged by the 1st respondent. Justice Lakshman further recorded that except the said two sentences, there was no other allegation against the petitioner with regard to the harassment. He further ruled mere casual reference of names of family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute, specifically if it happens soon after the wedding.
“It is also well settled principle laid down in cases too numerous to mention, that if the First Information Report did not disclose the commission of an offence, the court would be justified in quashing the proceedings preventing abuse of process of law,” Justice Lakshman added.
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