A single judge of Telangana HC, held that allegations against accused are vague and unspecific and hence the proceedings against them are quashed.
From Para 6,
6. In view of the rival submissions made by both the counsel, this Court has perused the material available on record. As per the averments of the complaint, petitioners/accused Nos.2 to 5 along with accused No.1 harassed respondent No.2 for want of additional dowry. It is pertinent to note that except the above allegation there are no specific allegations against the petitioners/accused Nos.2 to 5 and there is no allegation to demonstrate that they interfered with the matrimonial disputes between accused No.1 and respondent No.2. Further, the statement of respondent No.2 recorded by the Police under Section 161 of Cr.P.C., shows that when she complained to accused Nos.2 to 5 about the harassment of accused No.1, they supported accused No.1. Except the above said allegation, there are no specific allegations against the petitioner to constitute offence under Section 498-A of IPC and Sections 3, 4 of DP Act.
From Paras 7 and 8,
Mathi Vijaya Lakshmi and Ors Vs State of Telangana and Anr on 03 May 20247. At this stage, it is relevant to note the observations made by the Apex Court in State of Haryana and others vs. Bhajanlal1, whereunder the following categories were illustrated, wherein the extraordinary power under Article 226 of the Constitution of India or the inherent powers under Section 482 Cr.P.C. can be exercised by the High Court to prevent the abuse of process of any Court or otherwise to secure the ends of justice.
8. Further, in Preeti Gupta vs. State of Jharkhand2, the Apex Court observed that the family members who are residing away from accused No.1 cannot be roped into the case. In view thereof, as the petitioners are not residing along with the family of accused No.1, the allegations against them are vague. Therefore, it can be said that category No.1 as extracted above in the case of Bhajanlal (Supra) is relevant to the present case. Therefore, this Court is of the considered view that even if the trial is conducted, no purpose would be served and there are no other specific allegations against the petitioners.
Index of Quash judgments is here.
