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SANJAY KUMAR DWIVEDI
Nishilata, w/o. Anil Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Gopal K. Sinha, the learned counsel for the petitioners and Mr. Niranjan Singh, the learned counsel for the O.P.No.2.
2. At the outset, Mr. Sinha, the learned counsel appearing for the petitioners submits that petitioner nos. 1 and 2 who were father in law and mother in law respectively have left for their heavenly abode during pendency of this petition. He submits that he will delete the names of petitioner nos.1 and 2 in course of the day.
3. This petition has been filed for quashing of entire criminal prosecution in connection with Sadar (Ranchi) P.S. Case No.138/2014 corresponding to G.R. Case No.1928/2014 and order dated 09.03.2015, pending in the court of J.M., Ranchi.
4. The FIR was lodged by the O.P.No.2 alleging therein that that marriage was solemnized with Ajay Kumar on 28.05.2001 according to Hindu rites and rituals and at the time of marriage her father according to his capacity gave cash Rs.1,70,000/- ornaments worth Rs.2,50,000/- and other articles worth Rs.1,50,000/- and thereafter she started living in matrimonial home but after sometime accused persons started abusing and assaulting her for Cash Rs.35,000/- jewellery worth Rs.1,50,000/- and oth
Distant relatives in matrimonial disputes should not be implicated based on omnibus allegations unless specific instances of their involvement in the crime are established.
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 main legal point established in the judgment is the abuse of process of the court and the quashing of criminal proceeding based on omnibus allegations against the in-laws.
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