SANJAY KUMAR DWIVEDI
Baldin Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Binod Kumar Jha counsel for the petitioners, Mr. Shailesh Kumar Sinha, learned counsel for the State and Mr. S.S. Choudhary, learned counsel for the O.P. No.2.
2. This petition has been filed for quashing the entire criminal proceeding including order taking cognizance dated 01.08.2014 passed in connection with Boriyo (J) P.S. Case No. 325 of 2013, corresponding to G.R. Case No. 711 of 2013, pending in the Court of learned S.D.J.M, Sahibganj.
3. Initially P.C.R. Case No. 478 of 2013 was filed which was converted into F.I.R. under the provision of 156(3) of Cr.P.C. wherein it was alleged that the complainant was married with the son of the petitioner nos. 1 and 2 namely Sanjay Kumar Kashyap according to Hindu Rites and Customs at Nehru Place, Koyla Bhawan of M/s. B.C.C Ltd., Dhanbad in which Honda Amaze Car and Cash, Golden Chain and other ornaments amounting to rupees five lacs was given by her family.
It was further alleged that other family members started to make pressure upon her for more dowry and due to non-fulfillment of the demand of dowry, she has been tortured mentally and physically and she was also stopped food.
It was further alleged that family members
Arnesh Kumar V. State of Bihar (2014) 8 SCC 273
Geeta Mehrotra & Anr. Vs. State of UP & Anr; (2012) 10 SCC 741
G. Sagar Suri v. State of U.P., (2000) 2 SCC 636
G.V. Rao vs. L.H.V. Prasad & Ors. reported in (2000) 3 SCC 693
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....
Cognizance under Section 498A IPC requires specific allegations against accused; general allegations against distant relatives are insufficient.
The court emphasized the need for specific allegations in matrimonial disputes to prevent misuse of law, particularly Section 498A IPC.
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