Wednesday, April 2, 2025

Criminal Law

*Criminal Law : Court Quashes Criminal Proceedings under S.498A and S.420 of IPC Against Accused*


In the case of PIYUSHKUMAR MANGALDAS SHAH v State of Gujarat [2024] GCtR 3381 (Gujarat), criminal proceedings against applicant under S.498A and S.420 of IPC were quashed.

The facts were noted that "if the applicants have demanded dowry from the complainant during the initial days of her marriage-life, in that event, she could have filed the FIR against them. However, the fact remains that the complainant has not filed any complaint against the applicants at that relevant point of time. It is also pertinent to note that barring few months, the complainant has not resided with the applicants and she has resided with her husband at Australia and thereafter with her parents."

"If a person is made to face a criminal trial on some general, vague and sweeping allegations without bringing on record any specific instances of criminal conduct, it is nothing but abuse of process of the Court." 

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