Kailashben Mahendrabhai Patel & Ors. vs. State of Maharashtra & Anr. (SC)

Penal Code, 1860–Secs. 498A, 323, 504 & 506/34–FIR & Charge-sheet –Sustainability–It is an interesting case where the complainant filed the FIR against the family members by leaving aside her husband and her husband filed the civil suit against his father, step mother and step brother seeking for a partition of the ancestral property–All the allegations are vague and unfounded–Allegation of demand of Rs. Five lakh relates to the year 2002 and complaint was filed in the year 2013–Similar allegations were levelled in D.V. case –Clear impression that the criminal proceedings were instituted with a mala fide intention–Even the charge-sheet has been filed, FIR is liable to be quashed.