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ANJANI KUMAR SHARAN
Praveen Kumar Singh – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the petitioners and learned APP for the State. Though Vakalatnama has been filed on behalf of the informant, but today nobody appears on her behalf.
2. The present quashing application has been filed under Section 482 Cr.P.C. for quashing the order dated 31.8.2021, passed by learned A.C.J.M.-IV, Patna City in Didarganj P.S. Case No.52 of 2021 (GR No.807/21) by which the learned A.C.J.M.-IV, Patna City has taken cognizance under Sections 498A and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against all the accused persons.
3. The prosecution case, in brief, is that the informant has lodged the present FIR against the petitioners with allegations that the informant was married with the son of petitioner no.1, Praveen Kumar Singh on 20.04.2018 according to Hindu rituals. From the second day of marriage, the petitioners including her husband started reproaching the informant that she belongs to a beggar and dishonest family. It is further alleged in the FIR that the husband of the informant has taken Rs.6,00,000/- (rupees six lakhs) from the informant for reception at Begusarai and Ahmedabad. It is also alleged that inlaws of th
General allegations against relatives in matrimonial disputes require specificity to avoid misuse of legal provisions; familial ties do not necessitate implication without clear actionable offenses.
The court ruled that in the context of matrimonial disputes, without specific allegations against accused relatives, criminal proceedings may be quashed to prevent abuse of legal process.
The truthfulness of allegations in an FIR cannot be examined at the stage of quashing, and the accused have the opportunity to raise objections at the time of framing of charges.
The court emphasized that the truthfulness of allegations in an FIR should not be examined at the quashing stage and that an FIR cannot be quashed on the basis of affidavits.
General allegations against in-laws in matrimonial disputes require specific accusations to avoid quashing of FIR under Section 482, Cr.P.C.
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