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SUBODH ABHYANKAR
Aaditya Godha S/o Dinesh Godha – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1] Heard finally, with the consent of the parties.
2] This petition has been filed by the petitioners under Section 482 of Cr.P.C. for quashing the FIR and the subsequent proceedings arising out of the Crime No.233 of 2021 dated 07.12.2021, under Sections 498-A, 323, 506 and 34 of IPC registered at Police Station – Mahila Thana, District – Indore.
3] In brief, the facts of the case are that the aforesaid FIR was lodged by the complainant/respondent No.2 Rishika Godha, whose marriage was solemnized with the petitioner No.1 on 21.05.2013. According to the petitioners, after the marriage, the respondent No.2 wife resided with the petitioner No.1 at Delhi till 2015, and thereafter she went back to her parents’ house at Khargone and has been residing there only since then. A legal notice dated 29.05.2017, was also served by the respondent no.2 on the petitioner No.1 for restitution of conjugal rights, and its reply was also sent by the petitioner No.1 on 03.09.2017. On 11.06.2020, the petitioner No.1 filed an application under Section 13 of Hindu Marriage Act for divorce, and subsequently, the decree of divorce has also been passed in favour of the petitioner No.1 vide judgement an
The court emphasized the misuse of Section 498-A IPC in matrimonial disputes, ruling that inordinate delays in filing FIRs can indicate false implications, warranting quashing of proceedings.
Vague and general allegations in matrimonial disputes do not suffice for criminal prosecution under IPC, necessitating specific accusations against each accused.
(1) False implication by way of general omnibus allegations made in course of matrimonial dispute, if left unchecked would result in misuse of process of law.(2) A criminal trial leading to an eventu....
Proceedings under Section 498-A IPC quashed due to vague allegations deemed retaliatory in a matrimonial dispute, emphasizing the need for substantial evidence to uphold such claims and prevent abuse....
The fatal impact of unexplained delays in lodging FIRs and the potential misuse of criminal proceedings in matrimonial disputes.
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