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DINESH PATHAK
Shyam Shankar Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Shyam Shankar Mishra (applicant no.1), who is appearing in person on behalf of both the applicants, as well as learned A.G.A. for the State respondent and perused the record on Board. None has appeared on behalf of respondent no.2, despite notice. Vide order dated 21.10.2022, this case was ordered to be proceeded ex parte against respondent no.2.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 4 82 Cr.P.C. for quashing the charge sheet no.37 of 2013 dated 30.06.2013 in Criminal Case No.657 of 2013 ( State vs. Vinay Mishra and Others ) under Sections 4 98-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Rakabganj, District Agra.
3. It is apposite to mention that instant application has been preferred on behalf of mother-in-law, father-in-law and husband, however, vide order dated 10.09.2013 passed by this Court, application on behalf of the husband (applicant no.3) has been rejected. For remaining applicants no.1 and 2, instant application has been entertained and interim order has been granted.
4. Facts culled out from the record are that marriage of applicant no.3 (Vinay Mishra) has been solemnized with respondent
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....
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.
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
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 domestic violence cases cannot sustain criminal prosecution; specific instances of harassment must be presented against each accused.
Point of Law : Section 498-A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A IPC is a co....
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