IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA
Banavat Bharathi Bai – Appellant
Versus
State Andhra Pradesh – Respondent
ORDER :
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ Accused Nos.2 to 9, seeking quashment of the proceedings against them in C.C No. 1640 of 2021 on the file of the Special Judicial Magistrate of First Class for Excise, Guntur, Guntur District.
2. Heard Sri M.V.Raja Ram, learned counsel for the petitioners, Sri C.Narendra Babu, learned counsel for the respondent No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
3. Learned counsel for the petitioners would submit that the petitioners herein are A2 to A9. A2 and A3 are mother and father of A1. A4 is Brother’s wife of A1. A5 and A6 are sister of A1 and her husband respectively. A7 to A9 are mother, father and brother of A4 respectively. Learned counsel would submit that A7 to A9 are not family members of A1. They are parents and brother of A4. The petitioners have nothing to do with the case. Accused No.1 is the husband of respondent No.2. He has filed a petition for restitution of conjugal rights. A1 also filed a petition under Guardians and Wards Act seeking custody of the child. A5 and A9 are pursuing
General and omnibus allegations in matrimonial disputes without specific instances do not justify criminal proceedings, highlighting the need to prevent abuse of legal provisions.
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....
The court emphasized that vague allegations against relatives in dowry cases can lead to misuse of legal provisions, necessitating specific evidence for prosecution.
The court established that specific allegations are necessary to proceed with dowry harassment cases against relatives, to prevent misuse of legal provisions.
Vague and general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
Vague allegations in dowry harassment cases do not justify prosecution; specific accusations are necessary to prevent misuse of legal provisions.
The court established that specific allegations are necessary to proceed with charges under Section 498-A IPC to prevent misuse of the law in matrimonial disputes.
The judgment established the need to scrutinize allegations in dowry harassment cases and prevent the abuse of process of the court, especially when vague and general accusations are made against the....
In dowry harassment cases, specific overt acts must be identified against relatives for proceedings; vague allegations are insufficient to sustain charges.
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