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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Varun Tiwari – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Sanjay Dwivedi, J.
With the consent of learned counsel for the parties, the matter is finally heard.
2. This petition has been filed invoking the inherent powers provided to the High Court under Section 482 of the Code of Criminal Procedure / Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR and also the charge-sheet filed by the respondent/prosecution on an offence registered vide Crime No.29/2024 on 16.08.2024 at Police Station Mahila Thana, District Satna, under Sections 498 -A and 294 of the Indian Penla Code.
3. The facts leading to the present petition lie in a narrow compass are that;
(3.1) The petitioner and respondent No.2 entered into marriage on 22.05.2013 which was solemnized as per Hindu Rities. The petitioner is a police officer and after marriage, respondent No.2 was residing with the petitioner.
(3.2) On 27.01.2024, a complaint was made by respondent No.2 to the SHO, Mahila Thana Satna, District Satna, alleging therein that she entered into marriage with the present petitioner in the year 2013 and out of the said wedlock, she has given birth to a child, who on the date of complaint was about 9 years old. She has also stated that till 2-3
Allegations under Section 498-A IPC must be specific; omnibus claims lack legal sufficiency to support prosecution.
(1) Cruelty – Term “cruelty” cannot be established without specific instances – Mere general allegations of harassment without pointing out specifics against such persons would not be sufficient to c....
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....
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....
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) Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 86 – Matrimonial cruelty – Section 86 is nothing but verbatim reproduction of Section 498A of IPC – Legislature requested to look into the issue ta....
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
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