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SANJAY KUMAR DWIVEDI
Bharat Lal Agarwal @ Bharat Lal Agrawal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioners, Mr. Bishwambhar Shastri, learned counsel for the State and Mr. Amit Kumar, learned counsel for the O.P. No. 2.
2. In both the cases common questions of law are involved that is why both the cases have been heard together with the consent of the learned counsel for the parties.
3. In both the cases prayer has been made for quashing of entire criminal proceeding including order taking cognizance dated 08.06.2017 in connection with Complaint Case No. 1131 of 2017, pending in the Court of learned Judicial Magistrate, Ist Class at Ranchi.
4. O.P. No.2 has filed complaint case alleging therein that she is legally wedded wife of accused Samir Kumar who is son of petitioners of Cr.M.P. No. 2647 of 2018 and her marriage was solemnized on 07.07.2007 according to Hindu rituals. It is further alleged that after marriage the husband of the complainant including these petitioners started torturing the complaint for demand of dowry. The complainant gave birth of a female child. It is further alleged that the complainant went to live with her husband at different places i.e. Hyderabad, Nagpur, Banglore and Kulalumpur but
In the absence of specific allegations and considering the timing of the case filing, it may be unjust to compel certain family members to undergo a criminal trial.
Implicating relatives in crimes pertaining to matrimonial disputes and dowry deaths based on omnibus allegations without specific instances of their involvement in the crime should be avoided to prev....
In case of only general, vague, and omnibus allegations, the cognizance should sustain only against the husband and not against other family members.
In cases of matrimonial disputes, cognizance should sustain only against the husband and not against other family members based on general, vague, and omnibus allegations.
General allegations against in-laws in matrimonial disputes require specific accusations to avoid quashing of FIR under Section 482, Cr.P.C.
The Court quashed the FIR against distant relatives accused in a dowry case, emphasizing the need for specific allegations rather than general and omnibus claims in matrimonial disputes.
Distant relatives in matrimonial disputes should not be implicated based on omnibus allegations unless specific instances of their involvement in the crime are established.
The Court can interfere at the trial stage if the allegations are general and omnibus, and there is nothing in the law restricting the exercise of the power of the Court to prevent the abuse of proce....
The judgment established that evidence from divorce proceedings can be considered in criminal cases, and the findings of fact in civil and criminal cases are not binding on each other.
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