Criminal Procedure Code, 1973

Criminal Procedure Code, 1973—Section 482—Indian Penal Code, 1860, Sections 498-A, 406, 341, 323 and 120-B—Dowry Prohibition Act, Sections 3 and 4—Complainant/Respondent No.2 (wife), in the present case, filed a complaint under sections 498-A, 406, 341, 323 and 120-B of the Indian Penal Code read with sections 3 and 4 of the Dowry Prohibition Act against all immediate relations of her husband—In the criminal complaint, it was alleged that a luxury car was demanded by all the accused named in the complaint. It was also alleged that respondent no.2 was physically assaulted. According to the averments of the complaint, except for the demand of the luxury car no incident of harassment took place at Ranchi--Judicial Magistrate took cognizance and passed the summoning order of the appellants—Aggrieved by the said order of Judicial Magistrate, appellants filed a petition under Section 482 Cr.P.C. for quashing of complaint and the summoning order passed by the Judicial Magistrate against them on the ground that they have been living in different cities for a number of years and have neither interfered with the internal affairs of the complainant and her husband nor they visited Ranchi at any point of time—They further submitted that they have never lived with respondent No.2 and her husband—High Court, however, refused to exercise its inherent powers under section 482 of the Cr.P.C.—Appeal—Main Question—Whether the High Court was justified in not exercising its inherent powers under section 482 of the Code of Criminal Procedure in the facts and circumstances of this case?—Held, no—There are no specific allegations against the appellants in the complaint and none of the witnesses have alleged any role of both the appellants—Their implication in the complaint is meant to harass and humiliate the husband’s relatives—This seems to be the only basis to file this complaint against the appellants— Permitting the complainant to pursue this complaint would be an abuse of the process of law—Complaint against the appellants quashed—Judgment of the High Court set aside—Appeal allowed.