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Head Note

The Code of Criminal Procedure, 1973  - Section 482 , Indian Penal Code,1860  - Section 498-A , Section 34

Quashing of Proceedings - From reading of the complaint, it cannot be held that even if the allegations are taken as proved no case is made out - There are allegations against Respondent No.2 and his parents for harassing the complainant which forced her to leave the matrimonial home - Even now she continues to be separated from the matrimonial home as she apprehends lack of security and safety and proper environment in the matrimonial home - Question whether the appellant has infact been harassed and treated with cruelty is a matter of trial - At this stage, it cannot be said that no case is made out - Thus, quashing of proceedings before the trial is not permissible - Impugned order passed by High Court liable to be set aside.

The Code of Criminal Procedure, 1973  - Section 482

Inherent Power - Quashing of Proceedings - If the allegations are absurd or do not made out any case or if it can be held that there is abuse of process of law, the proceedings can be quashed - In matrimonial cases, the Courts have to be cautious when omnibus allegations are made particularly against relatives who are not generally concerned with the affairs of the couple.

Topic(s)-Quashing of Complaint - Matrimonial dispute - Quashing of Complaint set aside