Tuesday, November 29, 2011
"FIR with Vague & General Allegations of Harassment cannot be continued" : Gujarat High Court
While adjudicating CRIMINAL MISC.APPLICATION No. 1088 of 2011, lodged by the aggrieved petitioner accused husband and his parents and family members of a dowry case u/s 498A, 323, 504 and 506(2) of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, Hon. Justice Mr. M.R. Shah of Gujarat High Court, recently made a landmark precedent setting observation, considering the averments and allegations made in the Complaint against the applicant husband and his relatives that " There are vague and general allegations against the applicants accused for harassment. It is required to be noted that applicants nos. 1 and 2 are the father-in-law and the mother-in-law and applicants nos. 3 and 4 are the brother-in-law and sister-in-law, who are right from the very beginning residing separately.Considering the general and vague allegations in the FIR, prima facie it appears that it cannot be said that the applicants have committed any offence as alleged, though in the year 2008 when she (the wife) left the house of her husband at village Salejada. And there was no reason for her to go to the residence of applicants nos. 1 and 2 for restitution of conjugal rights in the month of April, 2010, which shows the conduct on the part of respondent no. 2-original complainant (the wife) and, therefore, it prima facie appears that as such on the basis of general and vague allegations made in the FIR, the proceedings against the accused applicants for the offence alleged under Sections 498A, 323, 504 and 506(2) of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act cannot be continued and to continue such criminal proceedings against the applicants accused would be harassment to the applicants and it would be abuse of process of law and Court
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