Quashing -- Quashing of FIR Does Not Amount To Acquittal -- Accused Can be later Summoned Under S.319 CrPC -- Double Jeopardy Bar Not Attracted
Quashing of criminal proceedings under Section 482 CrPC on the ground of omnibus and unspecific allegations does not constitute an acquittal on merits. Accordingly, it does not attract the bar of double jeopardy under Article 20(2) of the Constitution or Section 300 CrPC. The protection against double jeopardy is activated only upon a verdict reached after a full trial on merits. Further, broad allegations against relatives of a spouse — such as failing to intervene or asking the complainant to adjust — without specific overt acts, dates, or independent conduct, cannot sustain criminal prosecution in matrimonial disputes. If cogent evidence emerges during trial, the trial court retains power to summon such persons under Section 319 CrPC.
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