LAW FOR ALL

Quashing of FIR and Criminal Case - Sec.498 A, 506 I.P.C. - Love marriage -when earlier complaint was closed as civil disputes pending, no criminal case be registered on the same set of facts by adding criminal intimidation - living separately since April,2011- Restitution conjugal right filed - Pending a complaint in mahila Police station - complaint closed due to compromise - Restitution of conjugal rights also withdrawn - but a case under sec.498A,506 I.P.C.-High court refused to quash Apex court held that when the ealier complaint was closed as civil disputes pending It has to be seen that admittedly the second respondent has been living separately since April, 2011. Thereafter, she had lodged a complaint on 07.09.2011 before the very same police station. The same was duly enquired into and it was closed stating that the dispute is actually between the families which are to be otherwise settled in legal proceedings. If there are such differences between families which are to be settled in legal proceedings, how such differences would constitute and give rise to a successful prosecution under Sections 498A or 506 IPC or under Section 4 of the Dowry Prohibition Act, 1961, is the crucial question. The second respondent has been living separately since April, 2011 and hence, there is no question of any beating by the appellants as alleged by her. The relationship having got strained ever since April, 2011, even application for restitution of conjugal rights having been withdrawn on 16.04.2012 as the second respondent was not interested to live together, it is difficult to believe that there is still a demand for dowry on 30.04.2012 coupled with criminal intimidation. The allegations are vague and bereft of the details as to the place and the time of the incident. - allowed the appeal and quashed the case = Swapnil and Others … Appellant (s) Versus State of Madhya Pradesh … Respondent (s)= 2014(May. Part ) http://judis.nic.in/supremecourt/filename=41529