VIVEK RUSIA
Rajan – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The applicants have filed these petitions u/s. 482 of the Cr.P.C. seeking quashment of FIR No.139/2018 registered on a complaint made by respondent No.2 alleging commission of offence u/s. 498-A, 323 and 34 of the IPC at Police Station Mahila Thana, Indore. The petitioner in M.Cr.C. No.16764/2019 has also sought quashment of the proceedings in Cr. Case No. 878/2019.
The introduction of the parties
2. Applicant No.1 is the father of Kartik Mathur R/o G-39, South City 2, Gurgaon (now Gurugram) and Apllicant No. 2 is the wife of Daksh Mathur (the elder son of Apllicant No.1) . Smt. Meera Mathur is the wife of applicant No. 1. The applicants are residents of H. NO. 123, BLOCK A-9, ROAD NO. 1, SHYAM KUNJ, NEAR MARUTI KUNJ, GURGAON (HARYANA). Respondent No. 2 / the complainant is a daughter of SHRI SARVESH MATHUR R/O B 503, CRYSTAL COURT, CHS, SECTOR 7, KHARGHAR, NAVI MUMBAI. Respondent No.2 and Kartik Mathur ( younger son of Applicant No.1) were married following Hindu rites and rituals in Indore on 22.6.2017.
The prosecution story
2. Respondent No.2, lodged an FIR on 29.7.2018 at Police Station Mahila Thana Indore disclosing that at the time of marriage, her parents spent Rs. 50
Specific allegations are essential to establish a prima facie case under IPC Sections 406 and 498-A; general allegations are insufficient for prosecution.
The efficacy of dowry harassment claims requires specific allegations; generic accusations against relatives may lead to quashing of charges.
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
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