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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Shamshoon Nisha Khatoon @ Samsun Nisa Khatoon W/o Late Md. Khalil – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard learned counsel for the petitioners and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 22.11.2022 passed by learned Judicial Magistrate, First Class, Nawadah in Complaint Case No. 1033 of 2022, where cognizance for the offences punishable under Sections 4 98-A, 341, 323 of the IPC and Section 3 /4 of the Dowry Prohibition Act against the petitioners.
3. Despite service Opposite Party No. 2 failed to join the present Court proceedings.
4. From the crux of complaint petition it appears that marriage of complainant was solemnized with one Md. Shahabuddin on 25.11.2016, where gold jewellery of Rs. 4 Lakh and utensils of Rs. 2 Lakh were given as gift, at the time of marriage Md. Shahabuddin was working in MNC at United Kingdom. It is alleged that when her husband left job, her in-laws started torturing her and took away all the jewelleries. Presently Md. Shahabuddin is employed in TCS at Kolkata. After some days of marriage Md. Shahabuddin along with his family members started torturing and demanding Rs. 2 Lakhs from O.P. No. 2, which was fulfilled by father of O.P. No. 2. It is al
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The court established that general and omnibus allegations against in-laws in dowry cases under Section 498A IPC may lead to misuse of legal processes, requiring specific claims to warrant prosecutio....
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Quashing of cognizance orders requires specific allegations against each accused; general or omnibus allegations against in-laws in matrimonial disputes may lead to abuse of process.
The court emphasizes that in cases of matrimonial disputes, allegations against relatives must be specific to avoid misuse of IPC provisions, allowing for quashing of proceedings when such specificit....
Specific allegations are required against in-laws in dowry harassment cases; general accusations do not justify legal proceedings under Section 498A IPC.
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