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ANISH KUMAR GUPTA
Mukul Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Anish Kumar Gupta, J.)
Heard Sri Himanshu Srivastava, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 29.9.2018 as well as the impugned summoning order dated 14.11.2018 in Case No. 4016229 of 2018 (State of U.P. v. Mukul and others), arising out of Case Crime No. 259 of 2018 under Sections 498-A, 323, 504 and 506, I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S.-Mahila Thana, District-Ghaziabad, pending in the Court of learned Additional Chief Judicial Magistrate, Ghaziabad.
3. Learned counsel for the applicants submits that the applicant No. 1, Mukesh Srivastava, is the husband of the opposite party No. 2, Aprajita Srivastava. The marriage of the applicant No. 1 with the opposite party No. 2 was solemnized on 2.12.2010. The applicants are permanent resident of Allahabad and the opposite party No. 2, is the permanent resident of Sahibabad, District-Ghaziabad and the marriage was solemnized at Allahabad. Out of the said wedlock a girl child, namely Kumari Bhavya was born on 19.2.2012 in the matrimonial home at Allaha
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
General and vague allegations in matrimonial disputes do not warrant prosecution; specific instances of criminal conduct are necessary for charges to proceed.
Allegations of dowry demands must be specific; vague claims do not justify criminal proceedings under IPC and Dowry Prohibition Act.
In matrimonial disputes, vague allegations do not justify prosecution; specificity is essential to prevent abuse of process and protect involved parties from unjust trials.
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 ....
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
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....
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