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VENKATA JYOTHIRMAI PRATAPA
Ashutosh Shukla – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/A1 to A4 in C.C.No.4148 of 2019 on the file of I Additional Metropolitan Magistrate Court at Visakhapatnam seeking quashment of the case against them for the offences punishable under Section 498-A of IPC and Sections 3 & 4 of D.P. Act.
2. Heard Ms. K.Kokila, learned counsel representing Ms. Vinodin Ruth Madapalli, learned counsel for the petitioners and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Though notice is served on the respondent No.2, they did not turn up.
3. Learned counsel for the petitioners would submit that the petitioners herein are A1 to A4. Accused No.1 is the husband of the respondent No.2/de facto complainant. A2 and A3 are the mother and father of the Accused No.1 respectively. Accused No.4 is the married sister of the Accused No.1. Learned counsel for the petitioners would submit that except vague and omnibus allegations, nothing is attributed against the Petitioners in specific to attract either 498-A of IPC or Sections 3 & 4 of D.P.Act. Learned counsel for the petitioners
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....
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 domestic violence cases, specific allegations against each accused are essential; generalizations without evidence cannot sustain prosecution.
In matrimonial disputes, vague allegations against relatives cannot sustain criminal charges; specific evidence is required to proceed.
Vague and general allegations in domestic violence cases cannot sustain criminal prosecution; specific instances of harassment must be presented against each accused.
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 general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
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