The Supreme Court has quashed a criminal case filed against a septugenerian couple by their estranged daughter-in-law on the ground that the complaint does not disclose sufficient material for taking cognisance of the offence.
Neelu Chopra, 80, and his wife Krishan Sarup, 76, had approached the apex court after the Delhi high court refused to quash the complaint of harassment (498A IPC) and 406IPC (breach of trust) and 114 IPC (abettment) filed by the daugther-in-law Bharti on December 24, 1993.
The judicial magistrate Gidderbaha had in 1994 taken cognisance of the complaint against the couple and Bharti's husband Rajesh. The trio moved the Delhi high court which in 2003 dismissed their plea for quashing the case, after which they moved the apex court.
During the pendency of the case, Rajesh died.
The apex court in a judgement said though the daughter-in-law had accused her in-laws of taking away her ornaments and sarees, the same could not be substantiated by her in the complaint.
A bench of justices VS Sirpurkar and Deepak Verma said the complaint appeared to be vague as it could not disclose any particular vis-a-vis the role played by each of the accused.
"Under such circumstances, it would be an abuse of the process of law to allow the prosecution to continue against the aged parents of Rajesh, the present appellants herein, on the basis of vague and general complaint which is silent about the precise acts of the appellants," the bench said while quashing the case registred nearly 16 years ago.
