AI Structured Summary
Not yet generated for this judgment
Judgment
(Per : Urmila Joshi-Phalke, J.)
Heard Admit. Heard finally with the consent of the learned counsels appearing for the parties.
The present applicant is preferred by the applicant who is mother-in-law of the informant for quashing of the First Information Report under Section 482 of the Code of Criminal Procedure Code in connection with Crime No.17/2022 registered under Section 323, 498A and 504 of the Indian Penal Code.
As per the contentions of the applicant that she is arraigned as an accused. On the basis of a report lodged by non-applicant No.2 on an allegations that her marriage was performed with the son of the present applicant on 12.12.2019. After marriage she resumed the cohabitation at the house of the present applicant and she was ill-treated for the demand of Rs.1,00,000/- from her parents’ house as well as she was ill-treated on other reasons also that the in-laws were not respected in the marriage properly and, therefore, she constrained to leave the matrimonial house. On the basis of the said report Police have registered the crime against the present applicant and the other co-accused.
Heard learned counsel for the applicant, who submitted that as far as present applicant is concerned, who is mother-in-law against whom general allegations are levelled, no specific instances are stated by the informant to substantiate the allegations. Even considering the allegations as it is which are of real and tear in nature, no offence is made out and, therefore, the application deserves to be allowed.
Learned Additional Public Prosecutor strongly opposed the same and submitted that considering the specific allegations levelled against the present applicant prima facie case is made out and, therefore, the application deserves to be rejected. Despite the service, none appears for the non-applicant No.2.
After hearing both the sides and on perusal of the recitals of the First Information Report as far as the present applicant is concerned the allegations are of a general nature and omnibus, no specific instances are narrated. It is apparent that she is the mother of the husband of the informant and due to the discord between the husband and wife in the matrimonial relationship the F.I.R. came to be lodged. The careful scrutiny of the First Information Report depicts that vague and general allegations are levelled against her. No specific instances are narrated as far as the ill-treatment and torture is concerned, therefore, considering the application and the observations of the Hon’ble Apex Court in the case of Preeti Gupta and another Vs. State of Jharkhand and another, reported in (2007)7 SCC 667
34.Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualised by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.
35.The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a Herculean task in majority of these complaints. The tendency of relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complainant are required to be scrutinised with great care and circumspection.
36.Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of an amicable settlement altogether. The process of suffering is extremely long and painful.”
In view of the observations of the Hon’ble Apex Court, the involvement of the present applicant appears to be there. Merely because she is the mother of the husband of the informant, no specific instances are narrated against her and therefore, the application deserves to be allowed. Accordingly, we proceed to pass following order.
O R D E R
The application is allowed.
The First Information Report in connection with Crime No.17/2022, registered under Section 323, 498A and 504 of the Indian Penal Code and the consequent proceeding arising out of the same bearing R.C.C. No.146/2025, pending before the 2nd Additional Chief Judicial Magistrate, Nagpur is hereby quashed and set aside to the extent of present applicant.
The application is disposed of.