Back
SANDEEP KUMAR
Varun @ Varun Kumar Arya, S/o. Kishore Kumar Arya – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard the parties.
2. The present application has been filed for quashing the First Information Report bearing Banka Mahila P.S. Case No. 36 of 2021 registered under sections 498 (A) and 406/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. The prosecution case, in brief, is that the informant, namely, Ankita Kumari was married with one Varun @ Varun Kumar Arya (petitioner no.1) on 07.05.2021. The father of the informant gave ornaments, clothes and other articles in the marriage ceremony. It has been stated in the FIR that the informant was taken by her husband in the matrimonial house where she stayed for ten days with her husband and during that period she was tortured mentally and physically and demand of Rs.30,00,000/-(Rupees thirty lakhs) was made to her. If the dowry demand was not fulfilled, she would be thrown out and she was forced to live in the matrimonial house. The husband of the informant, mother-in-law, father-in-law and sister-in-law (Nanad) used to torture her. When the informant’s father went to mediate the matter on 11.06.2021 then the accused persons misbehaved with him and again demanded the dowry. Thereafter, husband (petiti
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.
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.
Continuing legal proceedings after mutual settlement in a matrimonial dispute constitutes an abuse of the judicial process, warranting quashing of the FIR.
The court may quash an FIR when allegations are unsubstantiated, malicious, or arise from a compromised situation post-marriage dissolution, to prevent abuse of the legal process.
The court underscored the necessity of specific allegations in matrimonial proceedings under Section 498A IPC to prevent misuse and quashed the FIR due to a settlement between parties.
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
