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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sahmul Shah @ Sahmul Sah – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition under crpc 482 to quash ipc summons order. (Para 1 , 2 , 3 , 4) |
| 2. parties dispute sufficiency of allegations for ipc offences. (Para 5 , 6 , 7 , 8 , 9) |
| 3. section 323 ipc requires allegation of bodily hurt. (Para 10 , 11) |
| 4. section 341 ipc needs wrongful restraint allegation. (Para 12 , 13) |
| 5. section 504 ipc demands provocative insult for peace breach. (Para 14 , 15) |
| 6. quash proceedings as no prima facie case; abuse of process. (Para 16 , 17 , 18) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though notice has validly been 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 proceedings including the order dated 16.12.2023 passed by the learned Sub-Divisional Judicial Magistrate, Lohardaga in connection with Complaint Case No.490 of 2023 whereby and where under the learned Sub-Divisional Judicial Magistrate, Lohardaga has ordered for issuance of summons against the petitioners for having
Proceedings quashed under CrPC Section 482 as allegations failed to disclose essential ingredients of IPC Sections 323, 341, 504 - no bodily pain, no wrongful restraint, no provocative insult - even ....
Mere allegation of 'marpit' without evidence of hurt fails Section 323 IPC ingredients; abuse sans provocation for public peace breach insufficient for Section 504 IPC. Quashing under Section 482 CrP....
Proceedings quashed under Section 482 Cr.P.C. as allegations failed to establish essential ingredients of Sections 323, 406, 498A IPC—no entrustment, hurt, or coercive harassment—disclosing abuse of ....
The essential ingredients of an offense under Section 504 of the Indian Penal Code must be met for the charge to be sustained.
Dissolution of marriage eliminates any continuing legal obligations or liabilities, impacting the feasibility of criminal charges based on prior conduct.
Charges cannot proceed without substantiation of essential elements; mere allegations are insufficient to maintain criminal prosecution.
The main legal point established is the requirement of intentional insult and the intention to cause alarm for the offenses under Sections 504 and 506 of IPC.
Specific allegations are required to sustain charges under IPC sections related to cruelty; vague and general allegations do not suffice.
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