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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Virendra Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. The applicants have preferred instant application under Section 528 BNSS [Bhartiya Nagarik Suraksha Sanhita, 2023] challenging order dated 29.10.2024 along with charge sheet dated 19.08.2024 and the entire proceeding of Case No.14793 of 2024[ State v. Smt. Virendra Singh and others ],arising out of Case Crime No.191 of 2024, Police Station- Hapur Nagar, District- Hapur, up to the extent of summoning the applicant no.1 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act and applicant nos. 2 and 3 under Sections 498-A, 323, 307 I.P.C. and Section 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Hapur.
2. Sri Anil Tiwari, learned Senior Advocate, assisted by Mr. Manoj Kumar, appears on behalf of the applicants, Mr. Imran Ullah, Mr. Vineet Vikram and Mr. Ishir Sripat, learned counsels have put in appearance for opposite party no.2 and Mr. Satyendra Tiwari, learned A.G.A. for the State. With the consent of learned counsel appearing for the parties, the case is being heard and decided finally without calling counter affidavit.
3. Learned counsel for the applicants placed brief facts of the case, that on the basis of an order passed b
In matrimonial disputes, vague and generalized allegations against family members fail to establish a prima facie case, necessitating specificity to avoid misuse of legal provisions.
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 warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
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....
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 importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
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....
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