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N. K. CHANDRAVANSHI
Rajesh Kumar Mishra – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER [C.A.V.]
N.K. Chandravanshi, J.—Since reliefs sought under both the petitions, filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity “Cr.P.C.”) pertains to Criminal Case No. 36794 / 2018 [State of Chhattisgarh v. Rajesh Kumar Mishra & Others] pending in the Court of Judicial Magistrate, First Class, Durg, which arise from FIR/Crime No. 09/2018 registered at Police Station Mahila Thana, Durg (C.G.) for the offence under Sections 498-A, 34 & 323 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 (for brevity, “Act, 1961”) are of like nature, therefore, they are being heard analogously and decided by this Common Order.
2. Cr.M.P. No. 1747 / 2018, arises out of aforesaid FIR, has been filed by the petitioners for quashment of aforesaid FIR and consequent Criminal Case No. 36794/2018 pending before the Judicial Magistrate, First Class, Durg whereas Cr.M.P. No. 422 of 2020 has been preferred by the petitioners against an order dated 28.12.2019 passed by Second Upper Sessions Judge, Durg in Criminal Revision No. 273/2019 upholding the order dated 17.9.2019 passed by Judicial Magistrate, First Class, Durg in aforesaid criminal case, whereby applicatio
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
Vague, omnibus allegations in matrimonial disputes are insufficient to sustain criminal charges against in-laws under dowry laws; specific evidence is required to proceed, preventing misuse of legal ....
The court emphasized preventing misuse of criminal law in matrimonial disputes, ruling that vague allegations against family members warrant quashing of proceedings. Specific wrongdoing must be demon....
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
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