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ARUN DEV CHOUDHURY
Vimal Agrawal, S/o. Late Madanlal Agrawal – Appellant
Versus
State Of Assam, rep. by The PP, Assam – Respondent
JUDGMENT :
1. Heard Mr. D. Das, learned Senior counsel assisted by Mr. H. Nath, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. P.P. for the State respondent and Mr. A. Goyal, learned counsel appearing for the respondent No.2.
2. As agreed to by the learned Counsel for the parties, these two petitions are taken up together for final disposal together in asmuch as both the petitions are filed u/s 482 Cr.P.C. challenging FIR dated 16.11.2018 registered as Noonmati P.S. Case No.700/2018 lodged by the informant respondent No. 2 u/s 498-A/323 /327 /384 /400/506 IPC.
3. The petition No. 1227 is filed by the four petitioners, who are father-in- law, mother-in-law and sister-in-law of the respondent No.2/informant and the petitioner in Petition No.1230 is the husband of the respondent No.2.
4. One of the basic grounds on which the FIR is assailed is that the Noonmati Police Station is not having jurisdiction to register such FIR. However, such ground is not being argued by Mr. D. Das learned Senior Counsel, in view of the decision of the Hon’ble Apex Court laid down in Ms. Rupali Devi vs. State of U.P. reported in (2019) 5 SCC 384 wherein it has been held that FIR
The dictum of law as pronounced from time to time is that High Courts, in appropriate cases, can quash criminal proceedings under Section 498 of IPC where allegations are vague, general and omnibus.
High Courts should not exercise powers to quash criminal proceedings at the threshold if the complaint prima facie discloses cognizable offences. Courts must avoid conducting mini-trials or evaluatin....
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
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.
In 498A matrimonial cases, quash proceedings against relatives on vague/general allegations lacking specific roles, especially with FIR delay, to curb family over-implication and process abuse.
Vague allegations in matrimonial disputes do not sustain a criminal complaint; specificity in accusations is required to avoid abuse of legal process.
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