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ANAND PATHAK
Amit Pathak – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
(Anand Pathak, J.)
1. Regard being had to the similitude of the controversy as all cases originate from the same cause of action, all petitions were heard analogously and decided by this common order. For convenience's sake, facts as narrated in M.Cr.C.No.51674/2022 are taken into consideration.
2. Petitioner (of M.Cr.C.No.51674/2022) is husband of respondent No.2 who happens to be his wife and complainant of the case and has filed the FIR vide crime No.38/2021 at Police Station Mahila Thana Padav District Gwalior for the offence punishable under Sections 498-A, 377, 354, 506, 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as “the DP Act”). Through this petition under Section 482 of Cr.P.C. petitioner sought following reliefs:
The court quashed the FIR against the husband and family members, finding the allegations of dowry and unnatural acts to be false and motivated by the wife's desire to retaliate against divorce proce....
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....
(1) Cruelty and dowry offences – Merely stating certain vague and omnibus allegations without any cogent material evidence to support the same should not become a fillip to jump-start criminal machin....
Allegations under Section 498-A IPC must be specific; omnibus claims lack legal sufficiency to support prosecution.
Cruelty, rape and hurt – Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A IPC , but cannot be prosecuted as rape under Section 376 IPC.
Allegations under Section 498A must meet specific legal thresholds; trivial irritations do not constitute cruelty, and misuse of legal provisions in matrimonial disputes is subject to quashing.
(1) Cruelty – Pace at which false accusations of dowry demand, dowry harassment and domestic violence have surged in recent past is a matter of concern for society as a whole.(2) Courts are obliged t....
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
When there is allegation that sexual relationships were made on the basis of false promise of marriage, then it has to be established that promise of marriage was a false promise, given in bad faith ....
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