LAW FOR ALL

Sections 498A and 406 of the Indian Penal Code = 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 of the I.P.C. 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.= 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. The ingredients of criminal breach of trust are also not forthcoming from the records as against the appellants. where there is a total absence of allegations for the offences punishable under Section 498A and Section 406 of the I.P.C. 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 Section 498A and 406 of the IPC against the accused/appellants. 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. -Accordingly, we allow this appeal, set aside the impugned order of the High Court, and quash the proceedings initiated against both the appellants in CC No. 442 of 2015, pending on the file of XIV Metropolitan Magistrate, Cyberabad at L.B. Nagar, arising out of Crime No. 151 of 2015 of Saroornagar Women Police Station, Cyberabad, Registered for the offences punishable under Sections 498A and 406 of the Indian Penal Code.