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SANJAY KUMAR DWIVEDI
Kalawati Pandey W/o Shri Keshav Prasad Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Rahul Kumar assisted by Ms. Apoorva Singh, learned counsel for the petitioner in Cr. M.P. No. 1403 of 2016 and Mr. A.K. Kashyap, learned senior counsel appearing for the petitioners in Cr. M.P. Nos. 3046 of 2018 and 3378 of 2018, Mr. S.K. Jha, learned counsel for the State in all the cases and Mr. Nilesh Kumar assisted by Ms. Sonal Sodhani, learned counsel for opposite party no. 2 in all the cases.
2. In all these petitions, common question of facts and laws are involved and that is why with the consent of the parties, these petitions are heard together.
3. In Cr. M.P. No. 1403 of 2016, the petitioner is the mother-in-law of opposite party no. 2, in Cr. M.P. No. 3046 of 2018, the petitioner is the father-in-law of opposite party no. 2 and in Cr. M.P. No. 3378 of 2018, the petitioner is the husband of opposite party no. 2.
4. In all the cases, the prayer has been made for quashing the order dated 26.02.2016 passed by the learned S.D.J.M. Ranchi including the entire criminal proceeding initiated against the petitioners in connection with Complaint Case No. 2052 of 2013, pending in the court of the learned S.D.J.M. Ranchi.
5. The opposite par
The main legal point established in the judgment is that the High Court should refrain from exercising its power under Section 482 of the Code of Criminal Procedure when the trial is at an advanced s....
The court emphasized the necessity to quash criminal proceedings when allegations do not constitute an offence, especially in matrimonial disputes resolved amicably with mutual consent and alimony.
Charges framed under Sections 498A and 323 IPC quashed due to lack of specific allegations and evidence, preventing abuse of process of law.
Compromise between parties in marital disputes can result in quashing of criminal proceedings, emphasizing the need to avoid abuse of the judicial process.
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
When the charge sheet is submitted, the trial court should consider the merits of the case instead of quashing the entire criminal proceeding. Specific allegations against the accused should be consi....
Vague, omnibus allegations in matrimonial disputes are insufficient to sustain criminal charges against in-laws under dowry laws; specific evidence is required to proceed, preventing misuse of legal ....
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