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MANOJ KUMAR GARG
Anurag Tada – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER
1. Instant misc. petition has been filed by the petitioner for quashing of FIR No. 111/2021 registered at Mahila Police Station, Jodhpur City (East) for offence under Sections 498A, 406 & 323 IPC.
2. Brief facts of the case are that the respondent no.2 gave a written report at Mahila Police Station (East), Jodhpur to the effect that his daughter Saroj is married to Anurag Tada on 14.02.2009. At the time of marriage, the complainant on demand, gave dowry including jewellery and cash. It is alleged that after marriage, Anuraj took his daughter to Kualalampur, Malaysia. In the year 2012, a daughter was born out of the wedlock but soon thereafter, the accused persons started harassing his daughter demanding dowry. After pacification, the complainant gave 12 tolas of gold jewellery. Thereafter, Anurag took his daughter back to Malaysia but started ill treatment and used to confine her in a room. Thereafter, in the year 2016, his daughter came back to India and gave birth to baby boy. In the month of October, 2016, his daughter went to Malaysia alongwith her both kids but the behaviour of Anurag did not change and continued his harassment and even tried to kill her due to which she h
If allegations leading to criminal prosecution prima facie do not disclose, then power under section 482 CrPC can be exercised
Vague and general allegations against distant relatives in dowry cases are insufficient for prosecution; specific evidence is required to implicate them.
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
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 omnibus allegations in dowry cases against relatives do not warrant prosecution; specific allegations are necessary to avoid misuse of legal provisions.
The fatal impact of unexplained delays in lodging FIRs and the potential misuse of criminal proceedings in matrimonial disputes.
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