Ravikant Dubey vs smt archana and state of M.P.

Excerpt:

only omnibus allegations were made by the complainant, neither date nor time or place was mentioned that as and when and by whom she was subjected to cruelty. This report was lodged on 12.6.2012, wherein it was alleged that she was subjected to harassment since 27.11.2010, but neither any FIR was lodged, nor any private complaint was filed by her, and the reason was assigned that the negotiations for compromise between the parties were going on time to time, but in support of this fact no evidence was collected by the prosecution. On perusal of the order-sheet dated 28.5.2012 of Criminal Case No. 81/2012 of C.J.M. Court Bhind it also seems that complainant was residing separately since 6.3.2012, even then this report was lodged after a period of three months on 12.6.2012. Delay was not explained in the FIR. Apart that it is also clear from the abovementioned order-sheet that divorce petition under section 13 of the hindu marriage act had already been filed by the petitioner No. 1-Ravikant Dubey, husband of the complainant-respondent No. 2.

18. It is trite law that if the FIR does not disclose specific allegation against accused more so against the co-accused specially in a matter arising out of matrimonial bickering, it would be clear abuse of the legal and judicial process to mechanically send the named accused in the FIR to undergo the trial unless of course the FIR discloses specific allegations which would persuade the Court to take cognizance of the offence alleged against the relatives of the main accused who are prima facie not found to have indulged in physical and mental torture of the complainant-wife. It is the well settled principle laid down in cases too numerous to mention, that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings preventing the abuse of the process of law.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s