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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Samit Gopal,J.
Surendra Kumar – Appellant
Versus
State Of U.P. – Respondent
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
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....
In domestic violence cases, specific allegations must exist against each accused; vague claims will not suffice for prosecution.
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
Cruelty and dowry offences – Criminal law must not be permitted to degenerate into instrument of oppression or personal vengeance.
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....
Vague and general allegations in domestic violence cases cannot sustain criminal prosecution; specific instances of harassment must be presented against each accused.
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