“Neither any approximate time with reference to the date of marriage, nor, date month or the year when the allegations concerning demand about return of dowry articles were made, finds mention in the complaint. Similarly, there are no precise, or, specific allegations or instances with reference to time from the date of marriage concerning maltreatment or the acts of cruelty by the accused-petitioners towards the complainant. Such allegations being vague and indefinite would not prima facie make out a case for commission of offence either under Sections 405, 406 or under Section 498A of the Indian Penal Code………… it is quite apparent that the allegations against the petitioners both with regard to entrustment of articles of dowry or Istridhan or demand of dowry or the acts attributed to the petitioners or acting with cruelty towards the complainant, in order to harass or coerce her to bring more dowry are quite vague and uncertain, and, such general allegations do not prima facie constitute or spell out a case punishable either under Sections 406 or 498A of the Indian Penal Code against the present petitioners and resort to criminal proceedings on the basis of such complaint in the circumstances of the present case would amount to abuse of the process of the Court”
Parmod Kumar Oberoi And Ors. Vs Radha Rani on 17 May, 1990 HC of Punjab & Haryana
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- Post published:December 17, 2021
- Post category:498A
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- Post last modified:December 17, 2021
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