Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHALINI SINGH NAGPAL
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
SHALINI SINGH NAGPAL, JUDGE
Prayer in the petition under Section 482 Cr.P.C. is for quashing of Complaint No. 246 dated 29.08.2014/17.04.2015 titled Paramjit Kaur Vs. Harjinder Singh and others, pending in the Court of learned Judicial Magistrate Ist Class, Ferozepur, summoning order dated 01.06.2015 passed by learned Judicial Magistrate Ist Class, Ferozepur and order dated 30.11.2016 of learned Additional Sessions Judge, Ferozepur in the revision petition challenging the summoning order.
Complaint under Sections 406, 498-A, 420, 494, 109, 323, 148, 149 IPC was filed by respondent No. 2 in the Court of learned Judicial Magistrate Ist Class, Ferozepur, alleging that her marriage with accused No.1 Harjinder Singh was solemnised on 15.02.2013 according to Sikh ritesand ceremonies at Gurudwara Baba Ram Singh Sarhali Sahib. After marriage they lived together as husband and wife and out of the wedlock, a male child namely Hargun Preet Singh was born. Amount of Rs. 5 lacs was spent by her parents in the marriage and sufficient dowry articles were given to accused No. 1 to 3. Her parents separately entrusted jewellery articles and clothes to accused Nos. 1, 2 and 3 besides furnitur
Specific allegations are essential to establish a prima facie case under IPC Sections 406 and 498-A; general allegations are insufficient for prosecution.
General and omnibus allegations of cruelty and dowry demands, without specific instances or details, do not constitute offenses under Sections 498A and 406 of the IPC, and the court has the inherent ....
In the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegati....
The main legal point established in the judgment is the requirement for specific allegations and material particulars to uphold charges under sections 498A/406/34 IPC, and the need to weigh evidence ....
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
The main legal point established in the judgment is that the complaint or FIR lodged by the second wife for the offence punishable under Section 498-A of the IPC would not be tenable based on the pri....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
