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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Krishna Mangla – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
CRM-M-48602-2017
This petition has been preferred under Section 482 Cr.P.C. seeking quashing of the impugned order dated 10.10.2017 (Annexure P-6) passed by Punjab State Commission for NRIs, Chandigarh.
As per the order dated 29.08.2018 passed by this Court, the petitioner- Suraj Bahadur Mangla has since expired.
Consequently, the proceedings qua him stand abated.
CRM-M-4778-2018 & CRM-M-33548-2018
1. This common order of mine shall dispose of the above-mentioned petitions which have been preferred under Section 482 Cr.P.C. seeking quashing of the FIR No.15 dated 13.03.2017 registered under Sections 498-A of IPC at Police Station- Women Patiala, District Patiala, and all subsequent proceedings arising therefrom.
For the sake of brevity, facts are being culled out from CRM-M-4778-2018.
2. Succinctly, the facts are that the complainant made a complaint before the concerned police, wherein, it was alleged that marriage of the complainant was solemnized with Sunil Gupta on 21.04.2007. At the time of their marriage, the parents of the complainant gave Rs.06,25,000/- as dowry amount to Sunil Gupta (husband), Krishna Mangla (mother-in-law) and Suraj Bahadur Mangl
The High Court can quash FIRs against individuals named in dowry harassment cases when allegations are general, vague, and lack specificity, preventing abuse of the legal process.
(1) Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 86 – Matrimonial cruelty – Section 86 is nothing but verbatim reproduction of Section 498A of IPC – Legislature requested to look into the issue ta....
Inherent powers under Section 482 of CrPC should be exercised sparingly to prevent misuse of criminal law, quashing only when FIR doesn't disclose an offence.
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....
Specific allegations are essential to establish a prima facie case under IPC Sections 406 and 498-A; general allegations are insufficient for prosecution.
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
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