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SUNIL KUMAR PANWAR
Arjun Pandit @ Arjun Prasad Sharma, S/o Late Ganesh Pandit – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Sunil Kumar Panwar, J.)
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The present application has been preferred for quashing the order dated 8.1.2019 passed in Complaint Case No. 1947 of 2018 by learned Sub-Divisional Judicial Magistrate, Patna whereby cognizance for the offence punishable under Sections 498(A) of Indian Penal Code and Section 4 of the Dowry Prohibition Act has been taken against the petitioners.
2. As per the allegation in the FIR, the complainant got married to the son of the petitioners, namely, Narendra Pandit on 6.6.2014 and on account of marriage, her parents’ made total expenditure of 15 lakhs including purchase of ornaments and furniture worth Rs. 6,00,000/-(six lakh). Marriage on scheduled date could not be performed due to sudden demand of a four-wheeler. After marriage her Bidayi happened on 7.6.2014 and from the beginning date of marriage, complainant’s husband and sasural members started to torture her for demand of five lakh or one four wheeler. After 15 days, complainant left her matrimonial home with her brother. It is further alleged that husband of the complainant came to Patn
Vague and omnibus allegations against in-laws under Section 498(A) IPC are insufficient to compel them to undergo trial, emphasizing the need for clear allegations to prevent misuse of legal provisio....
Vague and omnibus allegations against in-laws under Section 498(A) IPC do not suffice for prosecution; specific involvement is required.
Specific allegations are required to sustain charges under the Dowry Prohibition Act and Section 498A IPC against relatives of the husband; vague and omnibus allegations are insufficient.
General and omnibus allegations of cruelty and dowry demands, without specific instances or details, do not constitute offenses under Sections 498A and 406 of the IPC, and the court has the inherent ....
The judgment establishes that vague and general allegations against relatives in matrimonial disputes do not suffice to sustain charges under IPC Sections 498-A, 406, and 323, highlighting the necess....
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