(A) Criminal Procedure Code, 1973 Section–482 read with Sections–498A,323,355,504,506 & 34 of Indian Penal Code, 1860–Quashing of FIR–Specific allegations–
In FIR, complainant has levelled general allegations, without specifying any date, time or year, when the allegations of threatening to get marriage with her husband dissolved–Held–That, the allegations against the petitioners is totally vague and same does not fall within in the definition of ‘specific allegation’. (Para 21)
(B) Criminal Procedure Code, 1973 Section–482 read with Sections–498A,323,355,504,506 & 34 of Indian Penal Code, 1860–Quashing of FIR against the family and close relatives– Prima facie case is made or not–As per complainant, she has been tortured and being abused for bringing less dowry–Whether allegations against the petitioners are prima facie sufficient to sustain the prosecution–General and vague allegations without specific instances of criminal conduct do not justify prosecution of family members–Courts must be cautious and pragmatic in assessing allegations, particularly when family members reside separately or have rare contact with the complainant.
(C) Criminal Procedure Code, 1973 Section–482 read with Sections–498A,323,355,504,506 & 34 of Indian Penal Code, 1860–Inherent Powers–Consideration–Frivolous or Vexatious proceedings–Whether facts to be considered when entire family members have been roped-in case on the general allegations–Held–That, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines–Petition allowed. (Paras 16 and 17)