Whether offence U/S 498A of IPC can be made out if wife is unhappy with her husband?
The ingredients of criminal breach of trust are also not forthcoming from the records as against the Appellants. The allegations contained in the complaint and the charge sheet do not satisfy the definition of criminal breach of trust, as contained in Section 405 of the Indian Penal Code In view of the blurred allegations, and as we find that the complainant is only citing the incidents of unhappiness with her husband, no useful purpose will be served in continuing the prosecution against the Appellants. This is a case where there is a total absence of allegations for the offences punishable Under Section 498A and Section 406 of the Indian Penal Code In the matter on hand, the allegations made in the First Information Report as well as the material collected during the investigation, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute the offences punishable Under Section 498A and 406 of the Indian Penal Code against the Accused/Appellants. So also the uncontroverted allegations found against the Appellants do not disclose the commission of the offence alleged and make out a case against the Accused. The proceedings initiated against the Appellants are liable to be quashed.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1565 of 2017 (Arising from SLP (Crl.) No. 5458/2016)
Decided On: 05.09.2017
Varala Bharath Kumar and Ors. Vs. State of Telangana and Ors.