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PURNENDU SINGH
Ankit Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Ajit Kumar, learned APP for the State and Mr. Ashish Giri, learned senior counsel along with Mr. Rajat Kumar Tiwary and Deepika Sharma, learned counsels appearing on behalf of the Informant.
2. The petitioner has preferred the application under Section 482 Cr.P.C. / 528 BNSS for quashing the FIR bearing Nayagaon P.S. Case No.184 of 2024 registered against the petitioner for the offences punishable under Sections 126(2), 115(2), 74, 85, 352, 351(2), 79, 3(5) of the BNS, corresponding to Sections 341, 323, 354, 498A, 504, 506, 509 and 34 of the Indian Penal Code respectively and under sections 3 and 4 of the DP Act.
3. The present case has been listed out of turn on the request of Mr. Ashish Giri, learned Senior Counsel appearing on behalf of Informant. He submitted that he has requested repeatedly to the counsel for the petitioner, Mr. Radha Mohan Singh to appear in this case, but he has not given any notice to his request. However, he argued the case on merits.
4. The prosecution case, in brief, is that the informant, namely Megha Singh (Opposite Party No. 2), alleged that her marriage with the petitioner was solemnized in the year 2017 and soon thereafter
The court ruled that vague and generalized allegations in a FIR do not justify criminal proceedings, favoring the quashing of the FIR to prevent abuse of legal process.
Cruelty and dowry offences – Matrimonial cases, being offence not against society, parties are required to be given opportunity to reconcile their strained matrimonial relationship.
(1) Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 86 – Matrimonial cruelty – Section 86 is nothing but verbatim reproduction of Section 498A of IPC – Legislature requested to look into the issue ta....
General allegations without specific incidents are insufficient to establish criminal liability under Section 498A IPC, necessitating more detailed evidence of harassment or cruelty.
In domestic violence cases, general and vague allegations are insufficient; specific instances must be provided to avoid misuse of legal provisions.
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
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