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B. V. NAGARATHNA, N. KOTISWAR SINGH
Geddam Jhansi – Appellant
Versus
State Of Telangana – Respondent
JUDGMENT :
(Nongmeikapam Kotiswar Singh, J.)
Leave granted in both the SLPs.
2. This common order disposes of both the Criminal Appeals arising out of Special Leave Petition (Criminal) No. 9556 of 2022 and Special Leave Petition (Criminal) No. 428 of 2024 as both these appeals relate to similar and connected incidents.
3. Special Leave Petition (Criminal) No. 9556 of 2022 was filed against the judgement and order dated 04.04.2022 passed by the Ld. Single Bench of the High Court for the State of Telangana in Criminal Petition No. 3105 of 2022 whereunder the High Court declined to quash the criminal proceedings in C.C. No. 46 of 2022 under Section 498A, 506 Indian Penal Code (for short “IPC”) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short “Dowry Act”) pending before the Court of the Judicial Magistrate, First Class, Bhongir under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”) by holding that, prima facie, there are certain allegations against both the appellants, Geddam Jhansi and Geddam Sathyakama Jabali, and that these are triable issues for which the appellants have to face trial and prove their innocence.
4. Special Leave Petition (Criminal
Criminal proceedings in domestic violence cases require specific allegations and evidence of overt acts; generalized claims do not suffice to establish a prima facie case.
In domestic violence cases, specific allegations must exist against each accused; vague claims will not suffice for prosecution.
In domestic violence cases, specific allegations against each accused are essential; generalizations without evidence cannot sustain prosecution.
Family members cannot be criminally prosecuted based on vague allegations; specificity is required to uphold justice and prevent abuse of legal process.
There is no prohibition against quashing of criminal proceedings even after charge-sheet has been filed.
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