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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Sanjay Kumar Pachori,J.
Ashok Kumar Nigam – Appellant
Versus
State Of U.P. – Respondent
Hon'ble Sanjay Kumar Pachori,J.
1. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1885 of 2021 (State vs. Akash Nigam and others), arising out of Case Crime No. 383 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Kareli, District- Prayagraj, as well as cognizance/summoning order dated 10.5.2021, pending in the Court of Chief Judicial Magistrate, court no. 4, Prayagraj.
2. Brief facts of the case on the basis of First Information Report dated 10.5.2021 are that the marriage of opposite party no. 2 was solemnized with applicant no. 4 Akash Nigam as per Hindu rites and rituals and after sometime due to some personal reasons the relation between the couple became worse from bad and in the lack of marital harmony the relation became distressful. Thereafter due to intervention of some senior and civilized citizen of the society both applicant no. 4 and opposite party no. 2 agreed to dissolve their marriage and decided to live separately. The applicant no. 4 has given Rs. 35,00,000/- (Rs. thirty five lacs only) to opposite party no. 2 as perma
The court emphasized the importance of amicable resolution in matrimonial disputes and quashed proceedings due to lack of substantial evidence supporting the allegations.
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.
The court established that specific allegations are necessary to sustain a charge under Section 498A IPC, preventing misuse of the provision in matrimonial disputes.
Section 498A of IPC reads as husband or relative of husband of a woman subjecting her to cruelty.
In matrimonial disputes, vague allegations do not justify prosecution; specificity is essential to prevent abuse of process and protect involved parties from unjust trials.
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