C. T. RAVIKUMAR, RAJESH BINDAL
Payal Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
C.T. RAVIKUMAR, J.
Leave granted.
1. The captioned appeals are directed against the order dated 11.03.2022 in C.R.M.-M. No.42226 of 2021 passed by the High Court of Punjab and Haryana at Chandigarh. The said petition was jointly filed by the appellant in the former appeal and her husband, the second respondent in the latter appeal, under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) as petitioner Nos.2 and 1 respectively, seeking quashment of FIR No.0080/2020 dated 03.12.2020 registered for offences punishable under Sections 406, 498-A of the Indian Penal Code, 1860 (for short, ‘IPC’) at Police Station, District Police Commissionerate, Women, Jalandhar and all subsequent proceedings arising therefrom. In fact, after the registration of FIR No.0080/2020 at the instance of Subhash Chander Kapila, the second respondent in the former appeal, offences under Sections 420 and 120-B, IPC were also added. The appellant in the former appeal is accused No.5 and her husband, the second respondent in the latter appeal, was accused No.6 in the said FIR. The appellant in the latter appeal viz., the second respondent in the former appeal is the complainant. For c
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(1) Quashing petition – Petition could be filed under Section 482, Cr.P.C., for quashing charge-sheet even before framing of charges – It would not be in interest of justice to reject application mer....
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
Continuance of criminal proceedings based on improbable allegations constitutes abuse of process of law.
A petitioner can seek to quash an FIR under Section 482 Cr.P.C. if the allegations do not specifically implicate them, thus preventing abuse of judicial process.
The court established that allegations in matrimonial disputes must be specific and substantiated to avoid misuse of legal provisions, particularly against relatives of the husband under Section 498-....
General and omnibus allegations in matrimonial disputes do not justify criminal prosecution against relatives of the husband without specific evidence.
Vague, omnibus allegations in matrimonial disputes are insufficient to sustain criminal charges against in-laws under dowry laws; specific evidence is required to proceed, preventing misuse of legal ....
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