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VIKRAM D. CHAUHAN
Shabban Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard Sri Saquib Mukhtar, learned counsel for the applicants and learned AGA for the State.
1A. No one has appeared on behalf of opposite party no.2. Previously on 20.02.2024, the case was proceeded ex parte against opposite party no. 2.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Criminal Case No. 6213 of 2018 (State vs. Shabban Khan and others) under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act, P.S. Bilsi, District Budaun arising out of Case Crime No. 689 of 2017 as well as chargesheet dated 20.05.2018.
3. Learned counsel for the applicant submits that initially the present application was filed by five applicants, however, relief in respect of applicant no. 1Shabban Khan (husband) has been rejected vide order dated 11.10.2018 and during pendency of the application, applicant no. 2Shahidan Khan has died. As such, counsel for the applicants is not pressing the application in respect of applicant nos. 1 and 2, namely Shabban Khan and Smt. Shahidan Khan, respectively.
4. Learned counsel for the applicant submits that he is pressing the application only on behalf
Criminal proceedings require specific allegations with material particulars; vague and general accusations do not meet the threshold for prosecution and can violate the accused's right to a fair tria....
Vague and general allegations are insufficient for maintaining charges under IPC; specific details are mandatory for fair trial in criminal proceedings.
Court held that vague allegations of dowry demands and cruelty must be scrutinized closely to prevent legal misuse in matrimonial disputes.
The court emphasized the need for evidence to be included in the case diary and highlighted the limitations of the Family Court's findings in the criminal proceedings.
There is no prohibition against quashing of criminal proceedings even after charge-sheet has been filed.
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
Vague and general allegations against distant relatives in dowry cases are insufficient for prosecution; specific evidence is required to implicate them.
Courts must exercise caution against the misuse of Section 498A IPC by ensuring allegations are supported by prima facie evidence, particularly in matrimonial disputes.
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