Back
RAKESH MOHAN PANDEY
Ramesh Sahu S/o Sukhit Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Heard.
1) The petitioners have challenged the FIR, charge-sheet and order framing charge in Criminal Case No.13332/2022 pending before the Judicial Magistrate First Class, Durg (C.G.) for commission of offence punishable under Section 498-A read with Section 34 of the IPC.
2) The facts of the present case are that the marriage between Shailendra Sahu and respondent No.2 was solemnized on 07.12.2020 at Shubhra Marriage Palace, Durg (C.G.) as per hindu rites and rituals and there is one issue from their wedlock.
3) The petitioners are father-in-law and mother-in-law of respondent No.2/complainant. Earlier an FIR was registered against Shailendra Sahu/ husband for commission of offence punishable under Sections 363, 366, 376 & Section 4 of POCSO Act and later on, he was acquitted of all the charges vide judgment dated 04.08.2021 passed in Special Criminal Case No.118 of 2019. The respondent No.2 lodged a report to the effect that the petitioners along with her husband subjected her to cruelty and also demanded dowry. In FIR it is stated that the petitioners abused her and passed on taunts stating that their son was sent to jail and respondent No.2 belongs to a lower caste. It is f
The court emphasized the need for specific allegations in matrimonial disputes to prevent misuse of law, particularly Section 498A IPC.
Court emphasized that general and omnibus allegations against in-laws under Section 498A IPC do not warrant prosecution, warning against misuse of the law in matrimonial disputes.
(1) False implication by way of general omnibus allegations made in course of matrimonial dispute, if left unchecked would result in misuse of process of law.(2) A criminal trial leading to an eventu....
The court emphasized the need for specific allegations in matrimonial disputes to avoid misuse of legal provisions by upholding false accusations against distant relatives.
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....
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
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
