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V. M. DESHPANDE, G. A. SANAP
Jagdish – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
2. We have heard Mr. Shekhar S. Dhengale, learned counsel for the applicants, Mr. T.A. Mirza, learned Additional Public Prosecutor for non-applicant no. 1/State and Ms. Rani Nitnaware, learned counsel for non-applicant no. 2/complainant, in extenso. We have also perused the respective replies filed by the State as well as non-applicant no. 2.
3. By filing the present proceeding under Section 482 of the Code of Criminal Procedure, the applicants are praying for quashing of the First Information Report No. 707/2021, registered with Police Station, Awadhutwadi, Yavatmal for the offence punishable under Sections 354, 354-A, 354-B, 354-C, 354-D, 498-A read with Section 34 of the Indian Penal Code.
4. The crime was registered in view of the complaint lodged by non-applicant no. 2. It is an admitted fact before the Court that non-applicant no. 2 was married with Priyesh Jaiswal on 01.07.2017. Priyesh Jaiswal is the son of applicant no. 1 Jagdish, real brother of applicant no. 3 Preeti and nephew of applicant no. 2 Kusum Jaiswal.
5. Mr. Dhengale, learned counsel for the applican
The truthfulness or otherwise of the allegations can be tested during the trial, and the prosecution should be given the opportunity to conduct a full investigation and trial to prove the guilt of th....
Specificity of allegations is essential to sustain charges under Section 498-A; vague claims against family members may result in quashing of FIR to prevent misuse.
The interpretation of 'relative' under Section 498-A of the IPC is limited to those related by blood, marriage, or adoption, and vague allegations are insufficient for prosecution under this section.
Specific instances of involvement in the alleged offence are crucial in determining the applicability of the offence under Section 498-A of the Indian Penal Code, and the genuineness of the allegatio....
Specific allegations in an FIR disclosing a prima-facie case of cruelty can constitute a cognizable offence under Sec. 498-A of the Indian Penal Code.
The court can quash FIR and proceedings when the allegations are personal in nature and the parties have amicably resolved their dispute.
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