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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA
Ponduru Kamala Kumari W/O. Apparao – Appellant
Versus
State Of Andhra Pradesh, Rep By Its Public Prosecutor, High Court Of Andhra Pradesh – Respondent
ORDER :
VENKATA JYOTHIRMAI PRATAPA, J.
The instant petition under Section 4 82 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’] has been filed by the Petitioners/Accused Nos.2 and 3, seeking quashment of proceedings against them in C.C.No.1243 of 2023 on the file of the Court of Judicial Magistrate of First Class-cum-Principal Junior Civil Judge, Srikakulam for the offence punishable under Section 4 98-A of the INDIAN PENAL CODE , 1860, [for short ‘IPC’] and Sections 3 and 4 of the Dowry Prohibition Act, 1961, [for short ‘DP Act’]
2. Heard Sri Narra Srinivasa Rao, learned counsel for the Petitioners, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1 and Sri Rachuri Lakshmikar, learned counsel for Respondent No.2.
3. Learned counsel for the Petitioners would submit that the Petitioners herein are the parents-in-law of Respondent No.2 and there are no specific allegations against the Petitioners in the commission of the alleged offences. Learned counsel would further submit that, Accused No.1 filed F.C.O.P.No.1176 of 2023 on the file of Family Court, Visakhapatnam attributing illicit relationship of Respondent No.2 with her cousin and after re
In matrimonial disputes, vague allegations against family members without specific details cannot justify prosecution, as it risks abuse of legal processes.
Generalized allegations against family members under Section 498-A IPC without specific evidence are insufficient for prosecution, and can lead to abuse of legal processes.
Vague allegations in matrimonial disputes lack legal sufficiency, warranting quashing of proceedings to prevent abuse of legal processes.
Courts must ensure specific allegations are present to support charges against accused in matrimonial disputes, preventing misuse of legal processes.
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.
Vague allegations in matrimonial disputes cannot sustain criminal prosecution against family members without specific evidence, preventing misuse of legal provisions.
General and omnibus allegations in matrimonial disputes without specific instances do not justify criminal proceedings, highlighting the need to prevent abuse of legal provisions.
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