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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Ujjwal Chand Mehta – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Virender Singh, J.
1.The petitioners have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C.) for quashing of FIR No. 28 of 2023, dated 26.7.2023, (hereinafter referred to as ‘the FIR in question’), registered under Sections 498A, 377 and 504 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Women Police Station, Solan, District Solan, H.P., as well as, the proceedings resultant thereto, if any.
2. According to the petitioners, they have falsely been implicated in the said case, at the instance of respondent No. 2, whereas, according to them, allegations against them are baseless and without any substance.
3. According to the petitioners, no specific allegations have been levelled against the petitioners, except naming them, in the said FIR.
4. As per the further stand of the petitioners, respondent No. 2 had left the matrimonial home on 31.5.2022 and started residing at Solan. Thereafter, after waiting for more than one year, she has lodged the FIR in question, just to harass the petitioners.
5. It is the further case of the petitioners that marriage of the complain
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.
A petitioner can seek to quash an FIR under Section 482 Cr.P.C. if the allegations do not specifically implicate them, thus preventing abuse of judicial process.
If allegations leading to criminal prosecution prima facie do not disclose, then power under section 482 CrPC can be exercised
In domestic violence cases, specific allegations must exist against each accused; vague claims will not suffice for prosecution.
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
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