Best Dowry case 498a argument divorce without maintenance and FIR Quashed. Argument by Advocate to quash the FIR and 498a dowry case and divorce without maintenance.
Judgement Summary of High Court of Karnataka:
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.4687 OF 2024
BETWEEN: ABHAY KUMAR ... PETITIONER
(BY SMT. AMRITA MANCHANDA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
The Apex Court considers the entire spectrum of law where
provisions of Section 498A have been grossly misused, time and
again by drawing proceedings against the members of the family or
the husband without any rhyme or reason. The findings of the Apex
Court would become applicable to the facts of the case at hand on
all its fours and permitting trail against this petitioner, the husband,
would become an abuse of the process of law, resulting in
miscarriage of justice. Therefore, I deem it appropriate to exercise
my jurisdiction under Section 482 of the Cr.P.C., and take off the
sword of trial hanging upon the petitioner, failing which it would
become an abuse of the process of law and result in miscarriage of
justice.
13. For the aforesaid reasons, the following:
O R D E R
(i) Criminal Petition is allowed.
(ii) The proceedings in C.C.No.24483 of 2018 pending
before the XXXIX Additional Chief Metropolitan
Magistrate, Bengaluru stand quashed.
Consequently, I.A.No.1 of 2024 stands disposed.
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