This court quashed criminal proceedings against the petitioner (husband's sister-in-law and brother-in-law) for vague allegations of instigating the husband to beat the wife, holding no evidence showed their direct physical involvement.
Proceedings against A2 to A4 in C.C.No.1033 of 2020 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11417 OF 2022
ORDER:
1. This Criminal Petition is filed to quash the proceedings against the petitioners/A2 to A4 in C.C.No.1033 of 2020 on the file of XXII Additional Metropolitan Magistrate, Cyberabad.
2. H eard learned counsel for the petitioner and Sri S.Sudershan,
learned Additional Public Prosecutor for 1st respondent.
ten times, neither the husband nor the petitioners herein have changed their attitude. On 28.11.2020 at about 23.00 hours in the night, A1 caught hold of her hair and dragged her into bath room and beat her on her hands and chest and all over the body.
2
Immediately, the 2nd respondent made a call to her parents, who came there and took her. For the said reason, complaint was lodged stating that A1 and these petitioners were harassing her. The Police, Pedbasheerabad, registered the crime and filed charge sheet for the offences under Sections 498-A, 323 r/w 34 of IPC.
any other demand, but for constantly beating by A1. The police found that offence of Section 323 of IPC was made out against A1.
Bihar1 , the Hon’ble Supreme Court held that unless there are specific and distinct allegations against the accused, the proceedings can be quashed. Under Section 482 of Cr.P.C, the
1 (2022) 6 Supreme Court Cases 599
3
Court should be careful in proceeding against relatives who
are roped in on the basis of vague and omnibus allegations.
2 (2010) 7 Supreme Court Cases 667
4
miscellaneous applications pending, if any, shall stand disposed.
_________________ K.SURENDER, J
Date: 16.02.2023 kvs
5
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11417 OF 2022
Date: 16.02.2023
kvs
2 issues framed by the court
Whether criminal proceedings against husband's relatives can be quashed when there are no specific allegations of physical assault by them.
Whether vague allegations of instigation against relatives living in different cities warrant quashing of proceedings under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Kahkashan Kausar @ Sonam and others v. State of BiharReferred¶12
(2022) 6 Supreme Court Cases 599
Preeti Gupta v. State of JharkhandReferred¶18
(2010) 7 Supreme Court Cases 667
2 provisions across 2 enactments
A2 to A4
2nd respondent
1st respondent
K.SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
