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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Surendra Pratap Jayswal @ Surendera Pratap Jayaswal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though notice has been validly served upon the opposite party No.2 yet no one turns up on behalf of the opposite party No.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding in connection with C-849 of 2018 including the order taking cognizance dated 18.09.2018 passed by the learned Sub-Divisional Judicial Magistrate, Garhwa whereby and where under the learned Sub-Divisional Judicial Magistrate, Garhwa has found prima facie case inter alia against the petitioners for having committed the offences punishable under Sections 323, 342, 406, 498A, 504/34 of the Indian Penal Code and Sections 3 , 4 of the Dowry Prohibition Act.
4. The brief fact of the case is that the allegation of the complainant is that consequent upon her marriage with her husband, her husband demanded Rs.11,00,000/- to invest in his business at Bangalore to be given by the father of the complainant and he used to assault the complainant for the purpose of coercing her to meet the
Mere allegations of domestic cruelty must be specific; generalized claims against family members without evidence should not form the basis of prosecution.
The court upheld the prima facie case against the petitioner for cruelty and dowry demand, rejecting claims of false allegations and mechanical charge framing.
Courts must exercise caution in marital disputes to prevent the misuse of legal provisions like Section 498-A, ensuring allegations are specific and substantiated before proceeding with criminal char....
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
At the stage of quashing an FIR, the court should refrain from considering the truthfulness of the allegations and should not exercise powers under Section 482 Cr.P.C. if a case for the commission of....
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