Section 406 IPC
Querist :
Anonymous
(Querist) 24 September 2010
This query is : Resolved
a lady moved a Complaint under Section 406 IPC against her husband in which the husband and his family members have been summoned. The lady earlier filed a complaint under Section 406 IPC against her husband & his family which was dismissed on the ground that the lady was absent on the date and material available on records does not disclosed any offence punishable under Section 406 IPC so the complaint is dismissed under Section 203 of Cr. P. C. then again this lady file another complaint on same facts in which summons have been issued against the husband and his family members. Now husband moved an application before High Court in 482 of Cr. P. C. and got stay. Now husband wants to quash this complaint filed under Section 406 IPC on the ground that the essential ingredients of Section 405 IPC is not made out. So kindly provide me latest ruling of Supreme Court on this point.
Raj Kumar Makkad
(Expert) 27 September 2010
It is basic law that if the ingredients of FIR/complaint do not constitute the commission of the offense alleged, FIR/complaint is liable to be quahsed under section 482 Cr. P. C.
