VENKATA JYOTHIRMAI PRATAPA
Ganta Sai Abhishek – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973[in short “Cr.P.C.”] has been filed, by the Petitioners/Accused Nos.1 to 4, seeking to quash the proceedings against them in C.C. No.1794 of 2021 on the file of the II Additional Chief Metropolitan Magistrate Court, Vijayawada, for the offences punishable under Sections 498-A, 323 and 506 read with 34 of the Indian Penal Code, 1860[in short “Cr.P.C.”].
2. The factual background leading to the filing of the Petition:
a. As per the averments made in the chargesheet, the marriage of the de facto complainant and the Accused No.1 was performed on 30.11.2018. After their marriage, Accused No.1 did not take the complainant to the marital house to lead conjugal life and made her to stay at her parents’ house. Accused No.1 switched off his cell phone and avoided contact with the complainant
b. It is stated further that the de facto complainant made enquiries at the work place of Accused No.1 and learnt that he quit the job. On enquiring her father–in-law, he replied that Accused No.1 left to Delhi for coaching. Later, she came to Ongole i.e., her husband’s place and came to know that they have chan
In matrimonial disputes, vague allegations against relatives cannot sustain criminal charges; specific evidence is required to proceed.
Proceedings against relatives in dowry cases must allege specific conduct; general allegations fail to establish a prima facie case.
Vague and omnibus allegations against relatives in matrimonial disputes cannot sustain criminal charges under Section 498-A IPC; specific allegations are required to prevent abuse of legal process.
In criminal proceedings arising out of matrimonial matters, general, vague and omnibus allegations and mere casual reference of names of relatives of husband cannot be taken into account to sustain a....
Cognizance of offences under Chapter XX of IPC requires a complaint from the aggrieved party, and vague allegations in matrimonial disputes can lead to quashing of proceedings.
The court established that relatives of the husband cannot be implicated in dowry harassment cases based on vague allegations without specific overt acts.
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