SANJAY KUMAR DWIVEDI
Rajesh Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Jitendra Shankar Singh, learned counsel for the petitioners in Cr.M.P. Nos.2831 of 2014 and 1569 of 2015 and for opposite party no.2 in Cr.M.P. No.1375 of 2015, Mr. Abhay Kumar Chaturvedy, learned counsel for the petitioners in Cr.M.P. No.1375 of 2015 and for opposite party no.2 in Cr.M.P. Nos.2831 of 2014 and 1569 of 2015 and Mr. Sunil Kumar Dubey, Mr. Arup Kumar Dey and Ms. Nehala Sharmin, learned counsel for the State in Cr.M.P. Nos.2831 of 2014, 1375 of 2015 and 1569 of 2015 respectively.
2. There are case and counter case between the parties and in view of that, all these petitions have been heard together with consent of the parties.
3. In Cr.M.P. No.2831 of 2014, the prayer is made for quashing of the entire criminal proceeding including the order taking cognizance dated 25.06.2014 passed in Gumla P.S. Case No.01 of 2014, corresponding to G.R. Case No.10 of 2014, registered for the offences under Section 498-A and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. The prayer is also made for quashing the order dated 10.11.2014, whereby, charges have been framed under the aforesaid sections against the petitioners,
The court emphasized the need for specificity in allegations against relatives in matrimonial disputes, quashing proceedings deemed to be an abuse of process of law.
In the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegati....
General and vague allegations in matrimonial disputes do not warrant prosecution; specific instances of criminal conduct are necessary for charges to proceed.
The inherent power of the court under Section 482 of the Code of Criminal Procedure can be exercised to quash proceedings in a case where there is no substance in the allegations and no material exis....
The court emphasized preventing misuse of criminal law in matrimonial disputes, ruling that vague allegations against family members warrant quashing of proceedings. Specific wrongdoing must be demon....
Vague, omnibus allegations in matrimonial disputes are insufficient to sustain criminal charges against in-laws under dowry laws; specific evidence is required to proceed, preventing misuse of legal ....
Criminal proceedings cannot be allowed to continue where no material exists to prima facie make out complicity of accused in a cognizable offence.
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