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SANJAY KUMAR DWIVEDI
Santosh Singh @ Santosh Kumar, son of Rameshwar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Deepak Kumar, learned counsel for the petitioners, Mr. Ashok Kumar, learned counsel for the State and Mr. Ajay Kumar Singh, learned counsel for opposite party no.2.
2. This petition has been filed for quashing the cognizance order dated 13.02.2017 passed by the learned Judicial Magistrate, 1st Class, Hazaribag whereby cognizance has been taken against the petitioners and summon has been issued against the petitioners as well as for quashing entire criminal proceeding in connection with Complaint Case No.905/2016, so far as these petitioners are concerned.
3. The complaint case was filed by opposite party no.2 alleging therein that she is the married wife of accused no.1 Anil Kumar Singh and the marriage was solemnized on 21.04.2014. At the time of marriage, Rs.6,50,000/- was given to the accused persons in dowry. It was further alleged that after marriage the complainant came to her Sasural where she noticed peculiar behaviour including her Jetthani, Nanad and husband. It was also alleged that on the first night of the marriage, the Jethani of the complainant told the husband of the complainant to tell the complainant all the facts and thereafter her husband
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....
Cognizance under Section 498A IPC requires specific allegations against accused; general allegations against distant relatives are insufficient.
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.
In case of only general, vague, and omnibus allegations, the cognizance should sustain only against the husband and not against other family members.
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.
The court established that in cases of matrimonial disputes, specific allegations must be made against each accused, and the existence of a compromise can lead to the quashing of criminal proceedings....
Quashing of cognizance orders requires specific allegations against each accused; general or omnibus allegations against in-laws in matrimonial disputes may lead to abuse of process.
General allegations without specific roles do not justify criminal proceedings under Section 498A, preventing abuse of process of law.
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