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K. SURENDER
Jadi Prasad – Appellant
Versus
State of Telangana, rep. by Public Prosecutor – Respondent
ORDER :
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is filed seeking to quash the Charge sheet dt.22.07.2019 in C.C.No.220 of 2019 on the file of Judicial First Class Magistrate at Yellandu, against the petitioners. The petitioners herein are accused Nos.1, 2 & 3 in the said case. The offences alleged against them are under Sections 498-A and Sections 3 & 4 of the Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State and perused the record.
3. The 2nd respondent/defacto complainant filed a written complaint stating that on 25.06.2011 as per Christian customs, she was married to 1st petitioner/A1 and at the time of marriage an amount of Rs.5 lakhs towards dowry and Rs.2 lakhs worth household articles and gold ornaments were also given. After one year son was born. Accused No.1 got job as a Government Teacher and since then he started harassing the 2nd respondent/defacto complainant to get additional dowry of Rs.2 lakhs, failing which he would marry another woman. The 2nd and 3rd petitioners who are parents of A1 also supported 1st petitioner and ulti
The Court emphasized the importance of scrutinizing the legitimacy of criminal proceedings and the need to prevent abuse of process, especially when allegations are manifestly attended with malafides....
Subsequent events, such as divorce and remarriage, can be considered in determining the abuse of process of law and the justification for quashing criminal proceedings.
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 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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