498a quash

Panecia garg (Querist) 19 October 2013 This query is : Resolved
Can I proceed for quash of 498A. There was no medical report with charge sheet. The charge-sheet filed is as below:

Since the marriage of complainant the accused persons being the husband and in laws of the complainant as well as girl friend of husband inflicted mental and physical torture upon the complainant for more dowry and ultimately misappropriated the Stridhan property.

During investigation examined the witnesses and recorded their statement u/s 161 CrPc, Seized the photograph of marriage on production of complainant. The FIR accused persons applied for anticipatory bail before Hon’ble High Court Calcutta and this prayer was allowed and they surrendered before ld. ACJM on 01.10.12. Stridhan was handed over to complainant after breaking open the locker at UCO bank as per order of ACJM

A prima facie case was established u/s 498A/406/120B IPC against three accused persons

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Panecia garg (Querist) 19 October 2013
Point to be noted that alleged girl friend was of 5 years of age at the time of marriage of accused with complainant wife

Devajyoti Barman (Expert) 19 October 2013
Though without seeing FIR it is premature to comment of merit of Quashing, prima facie it appears to be good case for quashing.

The Calcutta High Court in recent times has become much aware about the misuse of dowry acts and in this yer passed several decisions in favour of the husband or in laws in quashing cases.