Cruelty -- Omnibus Allegations Against In-Laws -- Proceedings quashed in absence of specific overt acts
(i) Indian Penal Code, 1860, S.498A -- Cruelty -- Omnibus Allegations Against In-Laws -- General and omnibus allegations lacking specific overt acts or independent investigative material cannot form the basis to subject in-laws to criminal trial -- Allegations must be genuine, specific and supported by foundational facts -- Sweeping implication of family members arising from matrimonial acrimony amounts to abuse of process. (ii) Dowry Prohibition Act, 1961, S.3, S.4 -- Dowry Demand -- Allegation Against In-Laws Without Particulars -- Bare assertion of demand for money or property, without particulars of dates, occasions, overt acts or independent witnesses, is insufficient to sustain the charge against in-laws. (iii) Indian Penal Code, 1860, S.406 -- Criminal Breach of Trust -- No Specifics of Entrustment -- Charge requires entrustment of property and its dishonest misappropriation or conversion -- Absence of specifics as to what property was entrusted or converted reduces the allegation to a vague and omnibus claim, insufficient to sustain the charge. (iv) Indian Penal Code, 1860, S.506 -- Criminal Intimidation -- Allegation Unsupported by Independent Material -- Charge requires details of threat to person, reputation or property -- Allegation supported solely by the complainant’s statement and that of her parents, without other evidence on record, is insufficient to sustain the charge.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
