IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Juvvadi Sridevi
Hajera Anjum – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Criminal Petition is filed by the petitioners-accused Nos.4 to 8 seeking to quash the proceedings against them in C.C.No.3056 of 2022 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad. The offences alleged against the petitioners are under Section 498-A, 406, 506 of the Indian Penal Code (for short ‘ IPC ’) and section 4 and 6 of the Dowry Prohibition Act (for short ‘the Act’).
2. Heard M/s.Mohd. Muzaferullah Khan, learned counsel for the petitioners-accused Nos.4 to 8 and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State. Inspite of substitute service vide paper publication which is filed on record, there is no representation on behalf of respondent No.2. Perused the record.
3. In brief, the case of the prosecution is that the marriage of the accused No.1 with the respondent No.2 was solemnized in August, 2017. After marriage she led happy life for a couple of days and later her in laws started passing remarks over the jahez articles and abused her in filthy language. In the month of November, 2017 her husband went to Dubai by leaving her at the mercy of her in laws, in his absence her in laws used to harass her physically and mentally
The court emphasized that vague allegations against relatives in dowry cases can lead to misuse of legal provisions, necessitating specific evidence for prosecution.
General and omnibus allegations in matrimonial disputes without specific instances do not justify criminal proceedings, highlighting the need to prevent abuse of legal provisions.
Generalized allegations against family members under Section 498-A IPC without specific evidence are insufficient for prosecution, and can lead to abuse of legal processes.
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