MANINDER S. BHATTI
Aakash Chouhan – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This is a petition by the petitioner seeking quashment of First Information Report No. 680 dated 20-9-2019 registered at Police Station Chhola mandir, district Bhopal and Charge-sheet dated 4-11-2019 for offences under section 498-A, 323, 294 and 34 of the Indian Penal Code, 1860.
2. Counsel for the petitioners contends that petitioner No. 1 and respondent No. 2 after long relationship, entered into wedlock on 12-3-2019. Petitioner No. 2 is sister of petitioner No. 1 and the petitioner No. 3 is husband of petitioner No. 2. Petitioner No. 5 is also another sister of the present petitioner and petitioner No. 4 is husband of petitioner No. 5. Petitioner No. 6 is mother of petitioner No. 1.
3. It is contended by the counsel that after the marriage respondent No. 2 was not inclined to reside with the petitioner as according to respondent No. 2 she was uncomfortable in residing with the family members of the husband and, therefore, this aspect was admitted by the respondent No. 2 in the proceedings which were conducted by the Parivar Paramarsh Kendra. The counsel while taking this Court to proceedings of Parivar Paramarsh Kendra, contained in Annexure A-2, submits that the real caus
Kahkashan Kausar @ Sonam and others vs. State of Bihar and others
Specific allegations are required against each accused in cases of cruelty and dowry demands; general allegations are insufficient for prosecution.
Specificity of allegations is essential to sustain charges under Section 498-A; vague claims against family members may result in quashing of FIR to prevent misuse.
The main legal point established in the judgment is the need for specificity and certainty in allegations of cruelty under Section 498A of the Penal Code, and the caution required in roping in distan....
Court quashed FIR due to lack of specific allegations against in-laws, emphasizing protection against misuse of Section 498-A IPC in matrimonial disputes.
The court ruled that specific allegations of dowry demand and cruelty necessitate ongoing investigation under applicable criminal provisions, warranting dismissal of the quashment petition.
The court emphasized that the allegation against accused No.5 must constitute the commission of the alleged offences for the FIR to be valid.
Point of law: Quash of FIR - Dowry Death – Court is not hundred percent sure as what is the role genesis from each of the accused and therefore, court is restraining ourselves from entertaining this ....
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