New Delhi, October 27: A person cannot be prosecuted on the basis of vague allegations, the Supreme Court has ruled.
If the complainant does not specify the offence by an accused or does not mention the role of the accused in an FIR, prosecution cannot be initiated against the alleged offender as it would amount to “misuse of the process of law”, the court said.
Dropping proceedings against Neelu Chopra, 76, and Krishan Swaroop Chopra, 80 — a couple accused of dowry harassment by their daughter-in-law — a bench of justices VS Sirpurkar and Deepak Verma observed: “When we see the complaint, it is sadly vague. It does not show as to which accused committed what offence and what is the exact role played by these appellants (accused) in the commission of the offence.
“There could be something said against Rajesh (the complainant’s late husband) as the allegations are made against him more precisely, but he is no more.”
The complainant, Bh-arti, was married to Rajesh in 1984. Trouble started within six months. She lodged a complaint of dowry harassment against her husband and in-laws in December 1993.
A year later, a judicial magistrate summoned the accused. Rajesh died in 2006. Ultimately, 16 years went by before the apex court granted the Chopras relief.
–Agencies