MATRIMONIAL LAWYER : HUSBAND AND IN LAWS OF MARRIED WOMEN - Supreme Court quashed the complaint against relatives of husband for dowry and cruelty setting aside High Court order. Frivolous complaint - abuse of process of law.- 15:31
Supreme Court of India
Abhay Manohar Sapre (J ) and Dinesh Maheshwari(J)
Now a days . It's is not uncommon that married women have been levelling false allegations of cruelty and dowry against the entire family of her husband.
In the present case also similar issue was under consideration before the Honorable Supreme Court of India. The complaint was filed against the husband and the entire family alleging offence under Section 498 A, 323, 504, 506 IPC and section 3, 4 of dowry prohibition act .
The family members of the husband filed the petition under section 482 CrPC before the High Court seeking quashing of the summons issued by the the magistrate Court against the family members. How ever, the high court refused to quash the proceedings emanating from the complaint in question.
In the case titled as "Tabraz Khan Versus the state of UP and another" , the Supreme court had set aside the order of the High Court refusing to quash the complaint in the aforesaid facts and circumstances.
And held that no case is made out as per the averments made in the complaint against the family members of the husband, by the married women, therefore, quashed the complaint against the family members and set them free from rigour of trial . The Appeal was allowed in the above facts.