Legal Reporter: Aamna Rabiya Shaikh
The Andhra Pradesh High Court has quashed criminal proceedings against an NRI brother-in-law and sister-in-law in a matrimonial dispute involving allegations of cruelty, criminal intimidation and dowry-related offences.
The allegations included harassment allegedly suffered by the complainant in the United States, along with a demand for ₹1 crore as additional dowry. Criminal proceedings were initiated against the accused under Sections 498-A and 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
Justice Tuhin Kumar Gedela observed that Section 188 of the Code of Criminal Procedure requires prior sanction of the Central Government before an offence committed outside India can be inquired into or tried in India. The Court noted that the required sanction had not been obtained for the alleged incidents in the United States.
The Court further found that the allegations concerning the incidents allegedly committed in India were vague and general and did not contain sufficient specific details or the necessary ingredients of the alleged offences. Consequently, the High Court allowed the petition and quashed the criminal proceedings against the brother-in-law and sister-in-law.
