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SANJAY KUMAR DWIVEDI
Nayeem Sheikh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
Opposite party no.2 has refused to accept the notice and in view of that, notice upon opposite party no.2 has been validly served, which was observed by this Court vide order dated 04.05.2017. Today on repeated calls also, nobody has responded on behalf of opposite party no.2 and in view of that, this matter is being heard in absence of opposite party no.2.
2. Heard Mr. Yogesh Modi, learned counsel for the petitioner and Mr. Sardhu Mahto, learned counsel for the State.
3. This petition has been filed for quashing of the entire criminal proceeding arising out of Complaint Case No.1687/14 including the order taking cognizance dated 15.12.2014, pending in the Court of the learned A.C.J.M., Giridih.
4. The complaint case was filed alleging therein that the complainant was married to petitioner no.1 in the year 2003. At the time of marriage, cash, gold and articles were given. After marriage, the complainant went to sasural and lived properly for three years and thereafter she was being tortured by her in-laws and demand of Rs.50,000/-and two wheeler was made as dowry and on non-fulfillment, she was tortured. It was further alleged that sev
General and omnibus allegations under Section 498-A of IPC without specific instances do not warrant continuation of criminal proceedings.
General allegations without specific roles do not justify criminal proceedings under Section 498A, preventing abuse of process of law.
Cognizance under Section 498A IPC requires specific allegations against accused; general allegations against distant relatives are insufficient.
The central legal point established in the judgment is the misuse of Section 498A of the Indian Penal Code and the need for circumspection in proceeding against the accused.
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.
Only relatives of the husband can be charged under Section 498-A IPC, necessitating strict interpretation of the law.
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....
The court emphasized that general allegations in dowry cases against relatives can lead to misuse of law, necessitating specificity to avoid wrongful prosecution under Section 498-A IPC.
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