a casual reference to the names of family members of the husband in the FIR filed by the wife without any allegation of their active involvement in the offence will not justify a case against them.
But as the contents of the FIR does
not disclose specific allegation against the brother and sister of the complainant’s husband except
casual reference of their names, it would not be just to direct them to go through protracted
procedure by remanding for consideration of the matter all over again by the High Court and
make the unmarried sister of the main accused and his elder brother to suffer the ordeal of a
criminal case pending against them specially when the FIR does not disclose ingredients of
offence under Sections 498A/323/504/506, IPC and Sections 3/4 of the DowryProhibition Act.
2012 STPL(Web) 606 SC
SUPREME COURT OF INDIA
GEETA MEHROTRA & ANR.vSTATE OF U.P. & ANR.
