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ARUN KUMAR SINGH DESHWAL
Akhilesh Keshari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Saurabh Pandey, learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of the charge-sheet dated 06.12.2019 as well as the cognizance order dated 10.01.2020 in Case No. 18876 of 2021 (State of U.P. vs. Akhilesh Keshari and Others) arising out of Case Crime No. 05 of 2019, under Sections 498-A, 323, 504, 506 and Section 3/4 D.P. Act, Police Station Mahila Thana, District Sonbhadra pending in the Court of Civil Judge (Junior Division)/C.A.W. Robertsganj, Sonbhadra.
3. Facts giving rise to the present case are that opposite party no. 2 had lodged an F.I.R. dated 08.06.2019 under Section 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, 1961 against applicants alleging that she got married to applicant no. 1, six years back and out of their wedlock three children were also borne. However, applicants had started harassing her for dowry demand and subsequent applicants had also beaten her. Police after investigation had submitted charge-sheet dated 01.12.2019 against the applicants under Section 498-A, 323, 504, 506 I.P.C. & Sectio
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....
A second marriage that is null and void cannot attract the provisions of Section 498A IPC, and vague allegations of dowry demand do not sustain criminal proceedings.
Vague allegations in matrimonial disputes cannot sustain criminal prosecution; specificity is required to prevent misuse of legal provisions.
Cruelty and dowry offences – A cursory or plausible view cannot be conclusive proof to determine guilt of an individual under Section 498A and Section 4 of D.P. Act, 1961 – Term “cruelty” is subject ....
No offence under Section 498-A I.P.C. can be made out against a friend of the husband, as the applicant is neither the husband nor a relative of the husband.
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