Back
SANJAY KUMAR DWIVEDI
Pramod Kumar Chauhan @ Pramod Chauhan, S/o Bhaglu Chauhan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
2. This petition has been filed for quashing the cognizance order dated 21.08.2014 as well as entire criminal proceeding, pending in the court of learned J.M., 1st Class, Dhanbad in connection with C.P.Case No.1238 of 2014.
3. The learned counsel appearing for the petitioners at the outset submits that so far petitioner no.1 who is husband of the O.P.No.2 is concerned, he is not pressing this petition on his behalf as the quashing application has already been dismissed. He submits that petitioner no.2 is mother in law, petitioner nos.3, 4, 5 and 6 are brother in law, sister in law, brother in law and cousin brother in law and petitioner nos.3,4,5 and 6 at the time of lodging of the case were 16, 14, 12 and 7 years of age, who are minors and the petitioner no.7 is father in law.
4. The case has been lodged by the O.P.No.2 stating therein that the marriage took place on 27.05.2013 betwee
The judgment emphasizes the need for careful scrutiny of allegations in matrimonial cases, especially under section 498A of the IPC, to prevent misuse and protect innocent parties from prolonged tria....
General allegations in matrimonial disputes under Section 498A cannot warrant prosecution without specific roles attributed to individual accused, highlighting concerns over misuse of the law.
Vague and omnibus allegations against in-laws under Section 498(A) IPC are insufficient to compel them to undergo trial, emphasizing the need for clear allegations to prevent misuse of legal provisio....
The judgment emphasizes the need for specific instances of involvement in crimes and the potential misuse of section 498A of the IPC in matrimonial disputes.
The court emphasized the need for specific allegations in matrimonial disputes to prevent misuse of law, particularly Section 498A IPC.
Vague and omnibus allegations against relatives in matrimonial disputes cannot sustain criminal charges under Section 498-A IPC; specific allegations are required to prevent abuse of legal process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
