Villagers Didn’t Testify About Occurrence Of Incident: SC Quashes FIR Registered By Husband Against Wife’s Sister Alleging Attempt To Murder
In a matter where prior disputes existed between the families of a husband and wife, the Supreme Court quashed criminal proceedings filed by the husband against his wife's sister under Sections 147 (punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object), 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 324 (Voluntarily causing hurt by dangerous weapons or means), 307 (Attempt to murder), 342 (Punishment for wrongful confinement) and 506 (Punishment for criminal intimidation) of IPC.
The husband had filed a complaint alleging that his wife's sister, along with her family had forcibly entered his house with an intention to kill him and his father and had allegedly assaulted them with knife when they refused to heed to the demands of the wife's family.
The bench of Justice B. R. Gavai and Justice Aravind Kumar observed that none of the villagers including the neighbours of the complainant had supported or testified about the occurrence of any such incident as alleged.
Advocate Sweta Rani appeared for the appellant.
The Court noted that the Police had submitted a report to the Magistrate opining that the incident alleged by the husband had not occurred. However, the Magistrate ordered the Police to register an FIR in that matter. Accordingly, an FIR was registered against the wife's sister and her family. A plea was filed by the wife’s family before the Allahabad High Court praying for quashing the said FIR. The High Court dismissed the Petition and the Appellants approached the Supreme Court in appeal.
The Court observed that prior to the occurance of the alleged incident resulting in the registration of FIR, the wife had alleged that she was thrown out of matrimonial home and procured an Order for maintenance from the Principal Family Judge of Rs. 5,000/- per month. The wife had also lodged an FIR against her husband and his family for offences punishable under Sections 489A, 406/34 of IPC read with Section 3 and 4 of the Dowry Prohibition Act.
"In the teeth of afore-stated facts and in the factual background of there being dispute between two families, which had already resulted in 6 filing of two cases by the wife resulting in FIR being registered against the complainant (third respondent herein) and his family Members and the fact that none of the villagers including the neighbours of the complainant having supported or testified about occurrence of any incident on 26.01.2018 as claimed by the complainant, the irresistible conclusion to be drawn by this court is to accept the report of the jurisdictional police where under they have arrived at a conclusion that incident projected by the complainant appears to be false, and thereby the proceedings against the appellant deserves to be quashed", the Court ordered.
Accordingly, the Court quashed the FIR and allowed the appeal
Cause Title- Ritu Tomar v. State Of U.P. And Others