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CHANDRA PRAKASH SINGH
Anita Devi @ Devta Devi – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the petitioners, learned counsel for the O.P. No. 2 and learned A.P.P. for the State.
2. This application has been filed for quashing the order dated 14.09.2021 passed in Parbatta P.S. Case No. 174 of 2021 (G.R. No. 1391 of 2021) whereby and where under the learned A.C.J.M.-I Khagaria took cognizance under Sections 341, 323, 498A read with Section 34 of IPC and Sections ¾ of Dowry Prohibition Act.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 8,00,000/- as dowry and they also threatened to kill her and her children.
4. Learned counsel for the petitioners has submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the father-in-law of the informant. It is further submitted that there is no specific overt attributed against the petitioners rather the allegation against the petitioners is general and omnibus. The petitioners neither demanded any dowry nor assaulted the informant. Learned counsel for the petitioners has relied on the judgment of Geeta Mehrotra and Anr. vs. The State of U.P. and A
In cases arising from matrimonial disputes, vague and general allegations without specific attribution do not justify subjecting relatives of the main accused to trial.
Implicating relatives in crimes pertaining to matrimonial disputes and dowry deaths based on omnibus allegations without specific instances of their involvement in the crime should be avoided to prev....
The allegations under Section 498-A IPC must be specific; general or vague allegations do not warrant criminal proceedings, protecting against misuse.
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 in dowry cases against relatives do not warrant prosecution; specific allegations are necessary to avoid misuse of legal provisions.
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