Gujarat HC Upholds Dismissal Of Woman’s Complaint Alleging Years Of Threats And Abuse, Citing No Specific Dates Or Incidents

The petitioner filed a criminal complaint alleging that the respondents had threatened her and used abusive language, asserting offences under Sections 503, 504 and 506(2) of the Indian Penal Code.

The Magistrate directed an inquiry under Section 202 of the Code of Criminal Procedure, 1973; after considering the inquiry report, the complaint and recorded statements, the Magistrate dismissed the complaint under Section 203, finding insufficient grounds to proceed.

The Sessions Court dismissed the petitioner’s revision and affirmed that order.

The petitioner challenged both orders under Article 227 of the Constitution.

Under Sections 202 and 203 CrPC, the Magistrate may inquire into a complaint and dismiss it where there are insufficient grounds to proceed; dismissal must briefly state the reasons.

In Mehmood Ul Rehman v. Khazir Mohammad Tunda, the Supreme Court held that the Magistrate must apply mind to the complaint, statements and any inquiry or investigation report, and be satisfied that the alleged facts constitute an offence before issuing process.

Article 227 supervisory jurisdiction is not warranted absent a material irregularity or jurisdictional error going to the root of the matter.

The courts below considered the complainant’s verification and the Section 202 inquiry report, which referred to recurring disputes and quarrels but did not provide sufficiently specific particulars of the alleged threats or abusive conduct.

The revisional court concluded that the material did not prima facie establish the alleged offences and found no basis to disturb the Magistrate’s order.

The High Court found that the petitioner had identified no material irregularity or jurisdictional error warranting supervisory intervention.

The petition was dismissed and the notice discharged.