Back
G. S. AHLUWALIA
Dicky Ram Tiwari – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
This application, under Section 482 of Cr.P.C., has been filed for quashment of FIR bearing Crime No.1318/2022 registered at Police Station Kotwali Morena, District Morena (M.P.) for offence punishable under Sections 498-A, 323, 294, 506, 34 of IPC and under Section 3/4 of Dowry Prohibition Act and all other consequential proceedings arising out of it.
2. It is submitted by counsel for applicants that earlier one M.Cr.C.No.58515/2022 was filed seeking similar relief but it was done without any authority from the applicants. Accordingly, by separate order passed today M.Cr.C. No.58515/2022 has been dismissed as it was filed without any authority.
3. The undisputed facts are that applicant No.1- D.R. Tiwari is husband, applicant No.2-V.R. Tiwari is elder brother-in-law (sic), applicant No.3- Smt. Meena Tiwari is mother-in-law, applicant No.4- Ram Babu Tiwari is father-in-law, applicant No.5- Smt. Sarla Dandotiya is sister of mother-in-law (sic) and applicant No.6- Banwari Lal Dandotiya is husband of respondent No.5.
4. Respondent No.2 has lodged an FIR alleging that in the year 2015 she got married to applicant No.1 as per Hindu rites and rituals. Her father had given cash amou
(1) Cruelty and dowry offences – If wife maintains patience and silence with solitary intention to save her matrimonial life, then it cannot be said that it was her weakness – It shows her sincerity ....
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
Vague and general allegations against distant relatives in dowry cases are insufficient for prosecution; specific evidence is required to implicate them.
The main legal point established in the judgment is the requirement for specific and credible allegations to prosecute the accused in cases of matrimonial disputes, and the importance of considering ....
The court ruled that specific allegations of dowry demand and cruelty necessitate ongoing investigation under applicable criminal provisions, warranting dismissal of the quashment petition.
General and omnibus allegations in dowry cases against relatives do not warrant prosecution; specific allegations are necessary to avoid misuse of legal provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
