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G. S. AHLUWALIA
Ashok Sharma (Bhargava) – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Case diary in connected case, M.Cr.C. No. 10610/2022, has been received.
2. This petition under Section 482 of Cr.P.C. has been filed for quashing the FIR in Crime No. 741/2021 registered at Police Station City Kotwali, District Shivpuri for offence under Sections 498-A, 377, 506, 34 of IPC read with Section 3/4 of the Dowry Prohibition Act.
3. According to the prosecution case, the respondent no.2 lodged an FIR against the applicants alleging inter alia that she got married to the applicant on 13/07/2013 and her father had given sufficient dowry as per his financial capability. After one year of her marriage, she gave birth to a child, who is mentally retarded and his treatment is going on. After the birth of his child, the applicant and her mother-in-law started passing taunts with regard to the disease of her son and they used to pass taunts that not only her father has not give anything to them but also the complainant has given birth to such a boy, for whose treatment they are required to spend money and accordingly, they started insisting that the complainant must bring Rs. 10,00,000/- from her father. When she refused to bring money, then she was assaulted by the ap
The pendency of a civil proceeding does not automatically end a criminal proceeding, and specific allegations of harassment and demand of dowry warrant further investigation.
The judgment emphasizes the independence of civil and criminal proceedings, the absence of limitation bar, and the continuous nature of cruelty in dowry harassment cases.
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
The main legal point established in the judgment is that a complaint filed as a counter-blast, after the initiation of divorce proceedings, and lacking prior complaints or corroboration, may be consi....
Allegations under Section 498-A IPC must be specific; omnibus claims lack legal sufficiency to support prosecution.
Section 498A of IPC (Section 85 of BNS) is often being misused and Court must guard against it – Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead t....
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