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Head Note

Indian Penal Code,1860  - Section 498-A

Cruelty - FIR and charge sheet quashed on following facts - Husband left for Saudi Arabia after four months - After initial some months he never treated her with affection - He was given wrong information about the character of his wife by his parents - Divorce petition filed in the year 2002 - Allegation by wife that due to such treatment meted out to her, she has been suffering both mentally and physically - No allegation of harassment in account of dowry made - On these facts no offence of cruelty either under Explanation (a) or Explanation (b) of Section 498-A Indian Penal Code made out - FIR and charge sheet quashed.

The Code of Criminal Procedure, 1973  - Section 482

Criminal proceedings may be quashed on following grounds -(1) Where the allegations made in the complaint no case against the accused or the essential does not disclose the essential ingredients of an offence which alleged against the accused. (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused. (3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either or no evidence or on materials which are wholly irrelevant or inadmissible. (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction or absence of a complainant by legally competent authority and the like. These cases are purely illustrative and provide sufficient guidelines to indicate contingencies where the High Court can quash proceedings.

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