New Delhi, The Delhi High Court has refused to quash criminal proceedings against the sister-in-law of a woman who alleged cruelty meted out to her by husband and his family, saying FIR can’t be quashed only on the ground of absence of precise datelines of instances.
“This court can take judicial notice of the fact that generally the endeavour of any lady in a matrimonial relationship is to ensure that the marriage does not break.
“The fact that there are no allegations regarding the earlier part of the marriage does not mean that the allegations made by the complainant are vague and that FIR must be quashed only on the ground that precise datelines have not been given in the FIR,” Justice Subramonium Prasad said.
The court said a perusal of the FIR showed that there were specific allegations against the sister-in-law regarding the harassment by her.
It noted that the marriage of the complainant took place in 2015 and the FIR has been filed only in 2022.
“It is well settled that the FIR is not an encyclopedia and it cannot be said that after six years of the marriage, the complainant would be able to give a precise time and date on the allegation which has been made,” the court said.
The court was hearing a petition by the sister-in-law seeking quashing of the FIR lodged against her by the woman for the alleged offences of cruelty done to a married woman by her husband and his family members, criminal intimidation and criminal breach of trust under the Indian Penal Code.
The FIR was also lodged against the woman’s husband and mother-in-law.
The complainant said in her complaint that she was aggrieved by continued acts of mental torture, cruelty on the part of the three accused persons.
Seeking quashing of the FIR, the sister-in-law claimed that she rarely visited her parental home where the complainant was residing and that the allegations levelled against her were baseless and false.
Her counsel contended that relatives of the husband should not be roped in on the basis of omnibus statements unless specific averments were made regarding the crime.
The court, however, said there were specific allegations and datelines given by the complainant which were just before the filing of the complaint.
It is well settled that courts do not interfere with investigation and if the FIR makes out an offence, then courts must be very slow to quash the FIR, the court said.
It said the charge sheet has been filed in the case and the complainant’s statement was already registered before a magistrate under section 164 CrPC and the court was not inclined to quash the FIR or interfere with the order taking cognisance of the charge sheet.
The high court further said it was open for the accused to raise such arguments before the court concerned at the time of framing of charges.
