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B. R. GAVAI, ARAVIND KUMAR
Ritu Tomar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARAVIND KUMAR, J.
1. Leave granted.
2. The order dated 30.05.2018 passed in Criminal Miscellaneous Writ Petition No. 14422 of 2018 by the High Court of Allahabad whereunder the petition filed under Section 482 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) for quashing of the FIR dated 20.05.2018 registered in Case Crime No. 97 of 2018 for the offence punishable under Section 147, 148, 149, 452, 324, 307, 342 and 506 of the Indian Penal Code (for short ‘the IPC’) by third respondent herein came to be dismissed is challenged. Facts shorn of unnecessary details and required for the purpose of disposal of this appeal are crystallized hereunder:
3. The marriage of appellant’s sister Ms. Rekha, daughter of fourth respondent herein with 3rd respondent came to be solemnized on 15.05.2011 as per the prevalent custom and usage which resulted in its consummation and she gave birth to a baby girl who has been since named Tejal.
4. The said Ms. Rekha alleging that she had been thrown out of matrimonial home, sought for maintenance by filing a petition under Section 125 Cr.P.C. which came to be registered as V. No. 230 of 2014 and same is pending on the file of Principal Fami
False criminal proceeding cannot be allowed to continue.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
General allegations without specific incidents are insufficient to establish criminal liability under Section 498A IPC, necessitating more detailed evidence of harassment or cruelty.
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