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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
M. Abirami W/O N.Manikandan D/O P.Arunachalam – Appellant
Versus
Shalini Singh W/O A.Ashok Kumar D/O Dharmendar Singh – Respondent
ORDER :
J. C. Doshi, J.
Vide order dated 15.7.2021, the petitioner qua petitioner No.3 stood abated. Learned advocate for respondent No.1 has placed on record death certificate of petitioner No.2 - P. Arunachalam and therefore, petition qua him stands abated. Learned advocate for the petitioner does not press present petition qua petitioner No.4 - husband. Accordingly, present petition stands disposed of qua petitioner No.4 – husband.
ORAL ORDER QUA PETITIONER NO.1
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner prayed for quashing and setting aside FIR being C.R.No.I – 8 of 2016 registered with Gandhinagar Mahila Police Station, for the offences punishable under Sections 498(A), 323, 504, 114 of the IPC, u/s 3 and 7 of the DOWRY ACT as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
2. Seeking quashment of questioned FIR, learned advocate for the petitioner submits that petitioner is in-law of the complainant. It is further submitted that complainant has made general allegations against the petitioner in typical fashion to enrope petiti
General allegations without specific incidents are insufficient to establish criminal liability under Section 498A IPC, necessitating more detailed evidence of harassment or cruelty.
General and vague allegations in FIR without specific incidents do not meet the threshold for establishing a case under Section 498(A) IPC, leading to quashing of the proceedings.
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
The fatal impact of unexplained delays in lodging FIRs and the potential misuse of criminal proceedings in matrimonial disputes.
General and omnibus allegations in dowry cases against relatives do not warrant prosecution; specific allegations are necessary to avoid misuse of legal provisions.
Vague and generic allegations in a matrimonial dispute do not meet the threshold for criminal prosecution under Section 498A IPC, warranting quashing of FIR.
Section 498A of IPC (Section 85 of BNS) is often being misused and Court must guard against it – Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead t....
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