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DINESH PATHAK
Virendra Kumar Kushwaha – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
DINESH PATHAK, J.
1. Heard Sri Raj Kumar Kesari, learned counsel for the applicants, Sri Prashant Dwivedi, learned counsel for the opposite party no. 2 as well as learned AGA for the State and perused the record on board.
2. The applicants have invoked the inherent jurisdiction of this Court to quash the impugned summoning order dated 14.9.2021 passed by the Civil Judge (Jr. Division), Kaushambi in Complaint Case No. 368 of 2021 (Ritu Kumari vs. Virendra and Others) under Sections- 498-A, 323 IPC and Section 3/4 of Dowry Prohibition Act (in brevity D.P. Act) Police Station-Karari, District-Kaushambi.
3. Facts culled out from the avertments as made in the instant application supported by an affidavit are that the respondent no. 2 (wife of the applicant no. 1) has moved a complaint dated 24.3.2021 against her husband, mother-in-law, father-in-law and two sisters-in-law levelling allegation of torture and cruelty for demand of dowry with an averment that the marriage of the complainant was solemnized on 9.3.2019 with applicant no. 1 in accordance with the hindu rites and rituals; that as per their capacity, family members of the complainant have given dowry and sent her with he
Vague, omnibus allegations in matrimonial disputes are insufficient to sustain criminal charges against in-laws under dowry laws; specific evidence is required to proceed, preventing misuse of legal ....
General and vague allegations in matrimonial disputes do not warrant prosecution; specific instances of criminal conduct are necessary for charges to proceed.
The court emphasized that vague and omnibus allegations in matrimonial disputes against family members can lead to misuse of legal provisions, necessitating specific allegations for valid prosecution....
The court emphasized preventing misuse of criminal law in matrimonial disputes, ruling that vague allegations against family members warrant quashing of proceedings. Specific wrongdoing must be demon....
In matrimonial disputes, vague allegations do not justify prosecution; specificity is essential to prevent abuse of process and protect involved parties from unjust trials.
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
Specific allegations are required to sustain charges under the Dowry Prohibition Act and Section 498A IPC against relatives of the husband; vague and omnibus allegations are insufficient.
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