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VIJAY BISHNOI
Kavita – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. This criminal misc. petition has been filed by the petitioners under Section 482 Cr.P.C. with a prayer to quash the FIR No.0163/2021 dated 14.07.2021 of Police Station Marwar Junction, District Pali for the offence punishable under Sections 498-A, 323, 406, 109, 114, 506, 294-A of IPC and Section 3, 5 and 7 of the Dowry Prohibition Act, 1961.
2. Brief facts of the case are that the respondent No.2 has submitted a complaint before the court of Judicial Magistrate, Marwar Junction (for short 'the trial court') against the present petitioners and one Chanki Sharma (son of petitioner Nos.1 and 2). In the complaint, it is stated that marriage of the complainant was solemnized with Chanki Sharma on 04.02.2014 at Marwar Junction. At the time of marriage, the parents of the complainant gave certain ornaments, furniture, kitchen utensils, cloths etc. Thereafter it is alleged that for about six months of the marriage, things were normal, but after six months, the petitioners started harassing the complainant and demanded dowry. The accused petitioners treated the complainant with cruelty, but she remained calmed, however, in the year 2015, the complainant gave birth to a son, who is n
At the stage of quashing an FIR, the court should refrain from considering the truthfulness of the allegations and should not exercise powers under Section 482 Cr.P.C. if a case for the commission of....
Specific allegations are required against each accused in dowry harassment cases; vague accusations do not justify criminal proceedings.
An FIR can be quashed if no case for the commission of an offence is made out from the allegations in the FIR.
Specific evidence and details are essential in allegations of harassment and dowry demands for justifying the continuation of legal proceedings.
A second FIR on similar allegations does not constitute a cognizable offence if it lacks fresh cause of action and may lead to an abuse of the judicial process.
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