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IN THE HIGH COURT OF JUDICATURE AT PATNA
RUDRA PRAKASH MISHRA
Manju Devi W/o Sri Shiv Shankar Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. judicial scrutiny and observations on allegations (Para 17 , 18 , 20 , 21) |
| 2. conclusion to quash proceedings (Para 22) |
JUDGMENT :
2. The present application has been filed for quashing the order dated 03.01.2025 passed by learned Judicial Magistrate First Class, Begusarai in Complaint Case No.1535 of 2024 whereby and whereunder the learned Judicial Magistrate First Class, Begusarai took cognizance and issued process for facing trial against the petitioners and others for the offences under sections 85, 115(2), 118(1), 191(2) of the Bharatiya Nyaya Sanhita, 2023.
4. The learned counsel for the petitioners submits that the present criminal proceeding is a gross abuse of the process of law and are liable to be quashed at the threshold. The complaint is founded on vague, omnibus and generalized allegations without attributing any specific overt act of cruelty to the petitioners. In this regard, reliance is placed upon the judgment of the Hon’ble Supreme Court in Preeti Gupta and Another v. State of Jharkhand and Another , reported at (2010) 7 SCC 667, wherein the Court has cautioned against the tendency to implicate all family members of the husband in matrimonial dispu
Vague allegations in matrimonial disputes fail to sustain criminal prosecution; a valid marriage is essential for such claims under marital laws.
In criminal proceedings arising out of matrimonial matters, general, vague and omnibus allegations and mere casual reference of names of relatives of husband cannot be taken into account to sustain a....
Courts must exercise caution in marital disputes to prevent the misuse of legal provisions like Section 498-A, ensuring allegations are specific and substantiated before proceeding with criminal char....
In matrimonial disputes, vague allegations against family members without specific details cannot justify prosecution, as it risks abuse of legal processes.
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