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.

JUDGMENT :

Samit Gopal, J.

1. These are four petitions filed under Section 482 Cr.P.C. which are connected together in compliance of the orders connecting them together.

2. Dispute in the matter is matrimonial in nature after matrimonial alliance was between Piyush Kaushal the son of Sri Surendra Kumar and Kumari Paru the daughter of Sri Pawan Kumar Taneja.

3. The Criminal Misc. Application U/S 482 No. 2818 of 2020 has been filed by the applicants Surendra Kumar and Smt. Usha with the following prayers:-

“It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to quash the entire proceedings of Case No. 24185 of 2019 (State vs. Piyush Kaushal and others ) arising out of Case Crime No. 149 of 2019, under Sections 498A, 406, 506 I.P.C. and Section ¾ of Dowry Prohibition Act , Police Station Mahila Thana, District Ghaziabad pending before learned Additional Chief Judicial Magistrate, Court No. 8, District Ghaziabad as well as to quash the charge sheet dated 02.12.2019 and also the cognizance taking order dated 19.12.2019 passed in the aforesaid case, otherwise the applicants shall suffer irreparable loss and injury which cannot be compensated in any terms.
It is further prayed that this Hon’ble Court may graciously be pleased to stay the further proceedings of Case No. 24185 of 2019 (State vs. Piyush Kaushal and others ) arising out of Case Crime No. 149 of 2019, under Sections 498A, 406, 506 I.P.C. and Section ¾ ofDowry Prohibition Act , Police Station Mahila Thana, District Ghaziabad pending before learned Additional Chief Judicial Magistrate, Court No. 8, District Ghaziabad and also to stay the effect and operation of the impugned cognizance taking order dated 19.12.2019 passed in the aforesaid case, during the pendency of the present application, otherwise the applicants shall suffer irreparable loss and injury which cannot be compensated in any terms.”

4. The Criminal Misc. Application U/S 482 No. 18261 of 2022 has been filed by the applicants Smt. Usha, Surendra Kaushal, Pooja Batla and Rajat Batla with the following prayers:-

“It is, therefore, Most Respectfully prayed that this Hon’ble Court may graciously be pleased to quash the entire proceedings of Case No. 3463/2021 filed under Section 12 of the Act, 2005, u/s 17, 18, 19, 20, 22, 23 of Act, 2005, Police Station Sahibabad, District Ghaziabad ( Paru Taneja Vs. Piyush Kaushal and others ) pending before Civil Judge, Junior Division/FTC-1 (Crime Against Women), District- Ghaziabad.
And/or pass such other and further order as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”

5. The Criminal Misc. Application U/S 482 No. 36143 of 2022 has been filed by the applicant Piyush Kaushal with the following prayers:-

“It is, therefore, Most Respectfully prayed that this Hon’ble Court may graciously be pleased to quash the entire proceedings of Case No. 3463/2021 filed under Section 12 of The Protection of Women from Domestic Violence Act , u/s 17 , 18 , 19 , 20 , 22 , 23 of Act , 20 05, Police Station Sahibabad, District Ghaziabad ( Paru Taneja Vs. Piyush Kaushal and others ) pending before Civil Judge, Junior Division/FTC-1 (Crime Against Women), District- Ghaziabad and further to stay the further proceedings of Case No. 3463/2021 filed under Section 12 of The Protection of Women from Domestic Violence Act , u/s 17 , 18 , 19 , 20 , 22 , 23 of Act , 20 05, Police Station Sahibabad, District Ghaziabad ( Paru Taneja Vs. Piyush Kaushal and others ) before Civil Judge, Junior Division/FTC-1 (Crime Against Women), District- Ghaziabad and further not to initiate coercive measure against the applicant, else the applicant shall suffer irreparable loss and injury which cannot be compensated in any term, else the applicant shall suffer irreparable loss and injury which cannot be compensated in any term.
And/or pass such other and further order as this Hon’ble Court may deem fit and proper under the facts and circumstances of the