SANJAY KUMAR DWIVEDI
Raju Singh @ Rajesh Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Notice upon opposite party no.2 has been effected. On 08.05.2024, nobody appeared on behalf of opposite party no.2 and with a view to provide one more opportunity to opposite party no.2, the matter was adjourned and it was also observed that if opposite party no.2 will not appear on the next date, the matter shall be decided on merits in absence of opposite party no.2. Today on repeated calls, nobody appears on behalf of opposite party no.2 and in view of that, this matter is being heard on merit in absence of opposite party no.2.
2. Heard Mr. Lukesh Kumar, learned counsel for the petitioners and Mr. Sardhu Mahto, learned counsel for the State.
3. The prayer in the petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 14.07.2009 passed in C.P. Case No.377 of 2009, pending in the Court of the learned Judicial Magistrate, 1st Class, Dhanbad.
4. The complaint case was filed alleging therein that the complainant is legally married wife of Roopesh Kumar Singh and the marriage was solemnized according to Hindu rights and rituals on 17.02.2005. At the time of marriage, the complainant's father has given dowry of Rupees Nine Lakh
Priyanka Srivastava & another v. State of U.P. & others
Rajesh Sharma v. State of U.P.
Arnesh Kumar v. State of Bihar
General allegations without specific roles do not justify criminal proceedings under Section 498A, preventing abuse of process of law.
General and omnibus allegations under Section 498-A of IPC without specific instances do not warrant continuation of criminal proceedings.
Cognizance under Section 498A IPC requires specific allegations against accused; general allegations against distant relatives are insufficient.
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.
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
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.
Vague and general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
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