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ANIL VERMA
ALIYA, W/o. LATE MANNAN SAIYYAD – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER :
(Anil Verma, J.)
1. Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) for quashment of the FIR bearing Crime No.272/2021 registered at P.S. Rajpur, District Badwani (M.P.) for the offences punishable under Section 498- A, 323/34 of the Indian Penal Code, 1860 (in short “IPC”), Section 3/4 of the Dowry Prohibition Act, 1961 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (in short Act of 2019) as well as all the consequential proceedings pending before the Judicial Magistrate First Class, Rajpur in RCT No.376/2020 thereto.
2. Brief facts of the case are that the complainant/respondent No.2 Salma lodged an FIR at P.S. Rajpur, District Badwani against the present petitioners and her husband Faizan Saiyyad by stating that her Nikah was taken place with the accused Faizan on 15.4.2019, as per the Muslim rites and rituals. Petitioner No.1 Smt. Aliya is her mother-in- law and petitioner No.2 Farad Saiyyad is her sister-in-law. After the marriage her husband, mother-in-law and sister-in-law physically and mentally harassed her for demand of dowry. They pressurized her to bring Rs.2 Lak
The provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 apply only to the husband, not to in-laws, and mere delay in filing an FIR does not warrant quashing without further ev....
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
The legal implications of Triple Talaq as an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019 and the criteria for quashing an FIR based on malafide intent and previous FIR....
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
General and vague allegations in FIR without specific incidents do not meet the threshold for establishing a case under Section 498(A) IPC, leading to quashing of the proceedings.
The existence of prior FIRs does not preclude the possibility of a legitimate complaint regarding cognizable offences, and each FIR must be assessed on its own merits.
Specific allegations are required against each accused in dowry harassment cases; vague accusations do not justify criminal proceedings.
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