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SANJAY KUMAR DWIVEDI
Satyendra Ram @ Satendra Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard learned counsel appearing for the petitioners, learned counsel appearing for the respondent State and learned counsel appearing for the Respondent No.2.
2. The prayer in the writ petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 04.07.2022 arising out of Manjhiaon P.S. Case No.119 of 2021 whereby the learned Court has been pleased to take cognizance under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act pending in the Court of learned A.C.J.M. Garhwa.
3. The FIR was registered alleging therein that the Respondent No.2 got married with one Kumar Sajan Suman on 19.04.2019. It has further been alleged that at the time of marriage several gifts and furniture alongwith utensils were given by the father of the Respondent No.2 and after marriage the both husband and wife started living in the in-laws house at Garhwa. It has further been alleged after the birth of the daughter the husband and all the relatives of the husband started asking 05 lakhs as dowry and also tried to kill the Respondent No.2 and for which the Respondent No.2 filed a complaint case No. 1430 o
Cognizance under Section 498A IPC requires specific allegations against accused; general allegations against distant relatives are insufficient.
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.
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 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.
Implicating relatives in crimes pertaining to matrimonial disputes and dowry deaths based on omnibus allegations without specific instances of their involvement in the crime should be avoided to prev....
The court emphasized the importance of amicable resolution in matrimonial disputes and quashed proceedings due to lack of substantial evidence supporting the allegations.
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