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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Ajeet Yadav – Appellant
Versus
Himakshi Sharma – Respondent
JUDGMENT :
Satyen Vaidya, J.
Both these petitions Cr.MMO No. 1305 and CMPMO No. 670 of 2024 have been heard and are beingdecided together, as common question of facts and law are involved.
2. Cr.MMO No. 1305 of 2023 has been filed by the petitioner under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 21 of 2023 dated 24.5.2023 under Section 498-A of the Indian Penal Code, registered at Women Police Station, District Una, H.P. and consequential proceedings arising from the said FIR i.e. Criminal Case No. 252 of 2023, titled as, State of H.P. vs. Ajeet Yadav, pending before the learned Judicial Magistrate, 1st Class, Court No.2, Una.
3. Initially petitioner had filed his second petition also under section 482 of the Code of Criminal Procedure, registered as Cr.MMO No. 134 of 2024 with a prayer to quash complaint filed under the provisions of Protection of Women from Domestic Violence Act (for short ‘DV Act’), registered as Domestic Violence Act Case No. 80 of 2022, titled as, Dr. Himakshi Sharma vs. Ajeet Yadav, pending in the Court of learned Judicial Magistrate, 1st Class, Court No.3, Una. However, vide order dated 20.11.2024, the same has been converted to the o
The court held that allegations of mental and physical cruelty under Section 498-A IPC warrant a trial, emphasizing that prior exoneration does not preclude criminal prosecution.
Cruelty and domestic violence – Danger felt by a woman to her physical or mental health from wilful conduct of her husband or his relatives cannot be measured in a straitjacket formula – It will alwa....
Cruelty and domestic violence – Danger felt by a woman to her physical or mental health from wilful conduct of her husband or his relatives cannot be measured in a straitjacket formula – It will alwa....
The court established that allegations of cruelty and dowry demands must be substantiated by evidence; otherwise, proceedings may be quashed to prevent abuse of the legal process.
The court ruled that allegations of mental and physical cruelty under Section 498A IPC were sufficient to proceed with the case, emphasizing the need for evidence at trial.
Vague, general allegations in matrimonial disputes are insufficient for a criminal trial under IPC Section 498A, necessitating specific roles and details for due process.
The judgment established the importance of specific allegations and cautioned against implicating relatives of the husband without prima facie evidence in cases under Section 498A of the Indian Penal....
The court emphasized the principles of quashing criminal proceedings under Section 482 Cr.P.C. and cited relevant case laws to support its decision to quash the proceedings in the present case.
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