KERALA HIGH COURT
Justice A Badharudeen
Shyamala Bhasker
Vs.
State of Kerala,Anr
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) by the 2nd accused in C.C.No.637/2018 in the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The petitioner seeks to quash the final report against them and any other appropriate relief.
The learned counsel for the petitioner argues that the petitioner is not liable under Section 498A of the Indian Penal Code (IPC) as there are no specific overt acts mentioned against them. The counsel cites the Supreme Court decision in Achin Gupta v. State of Haryana to emphasize that general allegations without specific instances of criminal conduct are an abuse of the court process.
The learned counsel for the defacto complainant and the Public Prosecutor oppose the quashing, citing specific allegations in the F.I. statement and statements of the complainant’s parents, indicating the petitioner's involvement in cruelty and dowry demands.
Section 498A of IPC defines cruelty and includes both physical and mental harm or harassment related to dowry demands.
The court notes that while the F.I. statement alleges the petitioner was a passive spectator during the first accused’s actions, the statements of the complainant’s parents regarding dowry demands are hearsay and not specifically corroborated by the complainant.
The court observes that vague and general allegations are often made in matrimonial disputes to malign and defame the husband’s relatives.
It concludes that, in the absence of specific allegations or evidence of overt acts by the petitioner, the charges are not substantiated enough to warrant a trial.
Therefore, the petition is allowed, and the final report against the petitioner is quashed. The trial court is directed to expedite the trial against the 1st accused.
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