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ILESH J. VORA
Jatinkumar Vinodchandra Kadaliya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Present application has been filed under Section 482 of the Cr.P.C., praying therein that, the FIR being CR. No. 11216008220027 of 2022 registered with Sector 7 Gandhinagar Police Station, for the offences punishable under Sections 498A, 504 and 114 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
2. This Court has heard Mr. Dhaval Trivedi, learned advocate for Mr. Pratik Barot and State Counsel Mr. Jay Mehta. When the matter is called out, learned advocate for the respondent no. 2 did not remain present to assist the Court.
3. Brief facts giving rise to file present application are that, the applicants are relatives and in-laws of the husband Amit Kundaliya, whose marriage with the second respondent was solemnized on 29.04.2016. The second respondent wife has lodged the criminal proceedings against the applicants, inter-alia, alleging against them that she was subjected to cruelty by the applicants. In the FIR, it is alleged that, after the marriage, she lived one year at her parental home and used to come at her matrimonial home at Ahmedabad. The husband was serving at Mumbai, as a result, after her pregnancy, she again went to her parental home
The court emphasized the need to carefully consider the allegations and evidence in matrimonial disputes and warned against proceeding against the relatives and in-laws of the husband when no prima f....
The central legal point established in the judgment is the Court's power to quash criminal proceedings under Section 482 of the Code, and the need to prevent the abuse of process of Court and to secu....
The main legal point established in the judgment is the court's power to exercise inherent powers under Section 482 of the Code to quash criminal proceedings, especially in cases where the allegation....
The judgment establishes the principle that Section 482 of the Cr.P.C. is designed to prevent the misuse of criminal proceedings and to ensure that they do not become instruments of harassment.
Cruelty and dowry offence – Court must guard against cases of over implication.
The main legal point established in the judgment is the need to exercise the power under Section 482 of the Cr.P.C. sparingly and cautiously to prevent the abuse of process of Court and to secure the....
The main legal point established in the judgment is that the exercise of inherent powers under Section 482 of the Code to quash criminal proceedings should be sparingly and cautiously done to prevent....
The court emphasized the need to prevent the abuse of process of Court and to secure the ends of justice, particularly in cases involving matrimonial disputes and the misuse of provisions such as 498....
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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