PANAJI
The High Court of Bombay at Goa has quashed the FIR and chargesheet filed against a mother-son in an alleged dowry harassment case, terming the complaint as vague, omnibus and did not meet the legal requirements.
In its order, the Division Bench of Justice Bharati Dangre and Justice Ashish Chavan held that continuation of proceedings against the petitioners Shailesh Mandrekar and his mother, Sheetal Mandrekar, would amount to an abuse of the process of law.
“Since as far as the incident of 2021 is concerned, already a NC is registered and in the absence of ingredients of Section 498-A as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961 being made out against the Petitioners, we deem it appropriate to quash and set aside the FIR along with the chargesheet pending before the Judicial Magistrate First Class at Bicholim,” the court said while allowing the Criminal Writ Petition by the duo.
The Mapusa police station had earlier registered an offense based on a complaint by Tanuja, wife of petitioner Shailesh on May 25, 2021, which was then transferred to Colvale PS on July 10, 2021, and chargesheet was filed on November 29, 2021, invoking Sections 323, 341, 427, 498-A read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
The complaint alleged that she was harassed by the duo since her marriage in 2014, demanded gold bangles; and that in 2019 she along with the couple’s minor daughter, was forced out of the house.
The court, after hearing both parties including the prosecution, found the allegations too general and lacking detail. “We have perused the said statements, which, according to us, merely refer to the ill treatment given to the Complainant by her husband and mother-in-law. The statements are as vague as they could be and the allegations are all of omnibus nature. The Complainant herself i.e. the wife, has not specifically narrated as to what incident would fall within the term “cruelty” which has been explained in the explanation appended to Section 498-A of the IPC,” it said.
