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GAJENDRA KUMAR
Kirti – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Gajendra Kumar, J.
1. Since these applications arising out of same case crime number, they have been heard together and are being decided by a common order.
2. Heard learned counsel for the applicants, learned counsel for the first informant/opposite party no.2 and learned AGA for the State-respondents.
3. The instant Application U/S 482 Cr.P.C. has been filed with a request to quash the Case No.1643 of 2012 arising out of Case Crime No. 2/2012, under Sections 498-A, 323, 504, 506, 406 I.P.C. & 3/4 D.P. Act, pending in the Court of A.C.J.M.-VIII, Ghaziabad.
4. The prosecution story in brief of the instant case are as follows:-
Marriage of applicant (Dr. Kalind Parashar) with the opposite party no.2 was solemnized on 14.02.2019 at Destination Resort, Solan, Himanchal Pradesh according to Hindu Rites and Rituals. Thereafter, on 24.02.2019, the applicant (Dr. Kalind Parashar) along with opposite party no.2 left for USA, where they have blessed with a son on 02.02.2010 in USA and all were living there happily, but due to some difference of opinion, the relationship between applicant (Dr. Kalind Parashar) and opposite party no.2 became strained, thereafter, applicant (Dr. Kalind Pa
The court affirmed that allegations in matrimonial disputes must be substantiated with clear evidence to prevent misuse of legal processes.
Courts must protect against the misuse of legal provisions, quashing proceedings that lack substantial allegations or evidence, to prevent abuse of the judicial system.
General allegations in FIR without specific roles do not warrant prosecution under IPC and Dowry Prohibition Act.
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 ....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
Vague and general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
The court held that proceedings under Section 498A IPC were malicious and lacked evidentiary support, justifying quashing under Section 482 Cr.P.C.
The court emphasized the principles of quashing criminal proceedings under Section 482 Cr.P.C. and cited relevant case laws to support its decision to quash the proceedings in the present case.
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