TMI Blog2015 (3) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... cisions referred to in the judgment of the High Court are distinguishable. The said cases neither purport to nor can be read as laying down any inflexible rule beyond the principles of quashing which have been mentioned above and applied to the facts of the cases therein which are distinguishable. In the present case the factual matrix is different from the said cases. Applying the settled principles, it cannot be held that there is no triable case against the accused. HC order set aside. - CRIMINAL APPEAL NO.456 OF 2015 (ARISING OUT OF SLP (CRL.) NO.6437 OF 2013) - - - Dated:- 16-3-2015 - THAKUR, T.S. AND GOEL,ADARSH KUMAR, JJ. J U D G M E N T ADARSH KUMAR GOEL, J. 1. Leave granted. 2. This appeal has been preferred against judgment and order dated 20th February, 2013 passed by the High Court of Judicature of Madhya Pradesh at Gwalior in Misc. Criminal Case No.9759 of 2012. 3. The appellant was married to Respondent No.2 on 18th November, 2009. She lodged complaint dated 19th May, 2011 alleging that Respondent No.2 and his parents harassed her with demand of dowry amounting to cruelty. This led to registration of FIR being Crime No.15811 under Sections 498 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings in respect of cruelty meted out to her. The High Court in proceedings under Section 482 could not quash the proceedings merely with the observation that the allegations were omnibus. The power of quashing could be exercised sparingly and only if no case was made out from the allegations taken as correct or where the complaint was absurd or legally not maintainable. In the FIR, the appellant has specifically mentioned that the accused harassed her for dowry by taunting her and beating her. It was already mentioned that she was deprived of her belongings by the accused. 10. Learned counsel for the accused respondents supported the impugned order passed by the High Court. 11. Law relating to quashing is well settled. If the allegations are absurd or do not made out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed but if there is a triable case the Court does not go into reliability or otherwise of the version or the counter version. In matrimonial cases, the Courts have to be cautious when omnibus allegations are made particularly against relatives who are not generally concerned with the affairs of the couple. We may refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uashing the charge. Even in such cases, the court would not embark upon the critical analysis of the evidence. 27.9. Another very significant caution that the courts have to observe is that it cannot examine the facts, evidence and materials on record to determine whether there is sufficient material on the basis of which the case would end in a conviction; the court is concerned primarily with the allegations taken as a whole whether they will constitute an offence and, if so, is it an abuse of the process of court leading to injustice. 27.10. It is neither necessary nor is the court called upon to hold a full-fledged enquiry or to appreciate evidence collected by the investigating agencies to find out whether it is a case of acquittal or conviction. 27.11. Where allegations give rise to a civil claim and also amount to an offence, merely because a civil claim is maintainable, does not mean that a criminal complaint cannot be maintained. 27.12. In exercise of its jurisdiction under Section 228 and/or under Section 482, the Court cannot take into consideration external materials given by an accused for reaching the conclusion that no offence was disclosed or that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r v. P.P. Sharma [1992 Supp (1) SCC 222 : 1992 SCC (Cri) 192 : AIR 1991 SC 1260]; Lalmuni Devi v. State of Bihar [(2001) 2 SCC 17 : 2001 SCC (Cri) 275]; M. Krishnan v. Vijay Singh [(2001) 8 SCC 645 : 2002 SCC (Cri) 19]; Savita v. State of Rajasthan [(2005) 12 SCC 338 : (2006) 1 SCC (Cri) 571] and S.M. Datta v. State of Gujarat [(2001) 7 SCC 659 : 2001 SCC (Cri) 1361 : 2001 SCC (L S) 1201]). 27.16. These are the principles which individually and preferably cumulatively (one or more) be taken into consideration as precepts to exercise of extraordinary and wide plenitude and jurisdiction under Section 482 of the Code by the High Court. Where the factual foundation for an offence has been laid down, the courts should be reluctant and should not hasten to quash the proceedings even on the premise that one or two ingredients have not been stated or do not appear to be satisfied if there is substantial compliance with the requirements of the offence. 12. In Kailash Chandra Agrawal Anr. vs. State of U.P. Ors. (Criminal Appeal No.2055 of 2014 decided on 6.9.2014), it was observed: 9. We have gone through the FIR and the criminal complaint. In the FIR, the appellants have not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en I went to my matrimonial home, I was treated nicely by the members of the family. When on the second occasion I went to my matrimonial, my husband, fatherin- law and mother-in-law started harassing me for brining the dowry and started saying that I should bring from my father 25-30 tolas of gold and ₹ 2,00,000/- in cash and only then they would keep me in the house otherwise not. On account of this my husband also used to beat me and my father-in-law and my motherin- law used to torture me by giving the taunts. In this connection I used to tell my father Kundanmal Oswal, my mother Smt. Prem Lata Oswal, uncle Ashok Rai Sharma and uncle Ved Prakash Mishra from time to time. On 2.4.2010 the members of the family of my matrimonial home forcibly sent me to the house of my parents in Ganj Basoda along with my brother Deepak. They snatched my clothes and ornaments and kept with them. Since then till today my husband has been harassing me on the telephone and has not come to take me back. Being compelled, I have been moving this application before you. Sir, it is prayed that action be taken against husband Sidharath Parakh, my fatherin- law Manak Chand Parakh and my mother-in-law ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
