IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Akhil Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioners, have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS')/(Section 482 of the Cr.PC), for quashing of FIR No. 21 dated 28.01.2025 (hereinafter referred to as the FIR, in question), registered under Sections 498-A, 354, 323, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), which was registered on the basis of zero FIR No.1/2025, dated 28.01.2025, under Sections 498-A, 354, 323, 504, 506 read with Section 34 IPC with Police Station Dharampur, District Mandi, H.P. Petitioner No.1 is husband of respondent No.2, whereas, petitioners No.2 and 3 are father-in-law and mother-in-law of respondent No.2.
2. FIR, in question, is stated to be abuse of process of law and the same is stated to have been lodged by respondent No.2, with an intent/motive to pressurize and harass the petitioners, so that the petitioners could bow down, before the demands of respondent No.2, for payment of unwarranted and unjustified amount of alimony to the tune of one crore rupees, in the matrimonial dispute, which is pending between petitioner No.1
Vague allegations in matrimonial disputes do not sustain a criminal complaint; specificity in accusations is required to avoid abuse of 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.
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.
(1) Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 86 – Matrimonial cruelty – Section 86 is nothing but verbatim reproduction of Section 498A of IPC – Legislature requested to look into the issue ta....
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