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ANISH KUMAR GUPTA
Neha Tripathi @ Neha – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Shri Rishabh Kumar Pandey holding brief of Shri Santosh Kumar Upadhyay, learned counsel for the applicant, Shri Ramesh Chand Yadav, learned counsel for the opposite party no. 3 and Shri Kamlesh Kumar Tripathi, learned A.G.A. for the State.
2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No. 11843 of 2018 (State of Uttar Pradesh Vs. Naveen Kumar Verma and others) arising out of Case Crime No. 490 of 2017 under section 498-A, 506, 120-B I.P.C. and 3/4 of Dowry Prohibition Act, 1961 (in short, 'the D.P. Act'), Police Station- Civil Lines District Allahabad, pending in the court of Chief Judicial Magistrate, Allahabad as well as charge sheet No. 134 of 2018 dated 30.6.2018.
3. Learned counsel for the applicant submitted that no offence, whatsoever can be said to have been made out against the applicant herein as for the offence under section 498-A I.P.C., the accused must be either husband or relative of the husband of the victim. The applicant herein is neither the husband nor the relative of the husband of the opposite party no. 3, therefore, she is not covered within
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.
Allegations of dowry demands must be specific; vague claims do not justify criminal proceedings under IPC and Dowry Prohibition Act.
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
Point of law: Dowry harassment - Allegation of instigation against family member of A1 - If FIR did not disclose the commission of an offence Court would be justified in quashing the proceedings prev....
General and vague allegations in matrimonial disputes do not warrant prosecution; specific instances of criminal conduct are necessary for charges to proceed.
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.
Only relatives of the husband can be charged under Section 498-A IPC, necessitating strict interpretation of the law.
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