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SUJANA KALASIKAM
Gandu Padma – Appellant
Versus
State of Telangana – Respondent
ORDER :
(Sujana Kalasikam, J.)
1. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos. 2 to 6 in C.C. No.757 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Huzurabad, registered for the offences punishable under Section 498-A read with 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'the Act').
2. The brief facts of the case are that respondent No. 2/de facto complainant lodged a complaint before the Police, Jammikunta Police Station, Karimnagar District stating that her marriage with accused No. 1 was solemnized on 03.06.2021. At the time of marriage, family members of accused No. 1 demanded Rs.10 lakhs net cash, 26 thulas of gold and other house hold articles. After second day of marriage, accused No. 1 did not move closely with respondent No. 2 and behaved rudely. Later, accused No. 1 started suspecting her, abusing her in filthy language and beating her. Later, the same was informed by respondent No. 2 to her mother-in-law and father-in-law, but they supporte
Vague allegations against family members of an accused do not justify criminal proceedings; specific allegations are required to maintain charges under relevant laws.
Vague and omnibus accusations, without specific mention of dates or times of alleged incidents, and against distantly related accused who reside separately, can amount to abuse of process of Court an....
The court quashed proceedings against distant relatives under IPC and Dowry Prohibition Act, finding insufficient evidence to sustain charges.
General allegations against family members in dowry cases require specific acts to justify cognizance; otherwise, such proceedings may be quashed as an abuse of legal process.
The court established that vague allegations of dowry and cruelty do not constitute a prima facie case, warranting quashing of proceedings to prevent abuse of legal process.
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