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ANIL KUMAR CHOUDHARY
Pintu Ravidas, son of Amrit Rabidas – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.) :
Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash C.P. Case No.5989 of 2022 as well as the order taking cognizance dated 23.08.2022 by which the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance of the offences punishable under Sections 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioners and the said case is now pending in the court of learned Judicial Magistrate-1st Class, Dhanbad.
3. The brief facts of the case is that after the marriage of the complainant with the petitioner No.1, the petitioners were treating the complainant with cruelty in connection with demand of dowry of Rs.5,00,000/-.
4. Learned counsel for the petitioners submits that the complainant on the same day of filing the complaint, also filed an application under Section 125 of Cr.P.C. with a prayer for grant of maintenance in Family Court, Dhanbad and in her deposition in Original Maintenance Suit No.298 of 2022, the complainant has stated that she was at her paternal house on 05.05.2022. Hence, it
High Court should not quash legitimate prosecutions unless clear lack of merit is shown, reaffirming the principle of allowing cases to proceed under IPC and Dowry Prohibition Act.
General and omnibus allegations under Section 498-A IPC do not warrant prosecution, as established by Supreme Court precedent.
The court established that amicable settlements between parties can lead to the quashing of non-compoundable criminal proceedings under certain circumstances, emphasizing the court's discretion under....
The main legal point established in the judgment is the court's power to quash criminal proceedings under Sec. 482 Cr.P.C to prevent abuse of the process of law and ensure the ends of justice.
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