This is classic case of non-application of judicial mind all all levels of a criminal case proceedings, until the Hon’ble Supreme Court stepped in and ruled that the allegations in this case do not attract ingredients of IPC 498A or IPC 406 and thereby quashed the entire proceedings for good.
From Paras 8 and 9,
Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017
8. We are conscious of the fact that, Section 498-A was added to the Code with a view to punish the husband or any of his relatives, who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. Keeping the aforementioned object in mind, we have dealt with the matter. We do not find any allegation of subjecting the complainant to cruelty within the meaning of Section 498-A IPC. The records at hand could not disclose any wilful conduct which is of such a nature as is likely to drive the complainant to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the complainant. So also, there is nothing on record to show that there was a demand of dowry by the appellants or any of their relatives, either prior to the marriage, during the marriage or after the marriage. The record also does not disclose anywhere that the husband of the complainant acted, with a view to coerce her or any person related to her to meet any unlawful demand of any property or valuable security.
9. The ingredients of criminal breach of trust are also not forthcoming from the records as against the appellants. The allegations contained in the complaint and the charge-sheet do not satisfy the definition of criminal breach of trust, as contained in Section 405 IPC. In view of the blurred allegations, and as we find that the complainant is only citing the incidents of unhappiness with her husband, no useful purpose will be served in continuing the prosecution against the appellants. This is a case where there is a total absence of allegations for the offences punishable under Section 498-A and Section 406 IPC. In the matter on hand, the allegations made in the first information report as well as the material collected during the investigation, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute the offences punishable under Sections 498-A and 406 IPC against the appellant-accused. So also the uncontroverted allegations found against the appellants do not disclose the commission of the offence alleged and make out a case against the accused. The proceedings initiated against the appellants are liable to be quashed.
The AP High Court order is here.
Citations : [2017 SCC 9 413], [2017 SCC ONLINE SC 1049], [2017 AIR SC 4434], [2017 ALLCC 101 359], [2017 CCR SC 4 140], [2017 DMCSC 3 529], [2017 RCR CRIMINAL 4 113], [2017 SCALE 11 131], [2017 SCC CRI 3 740]
Other Sources :