Petitioner sought quashing of criminal proceedings under Section 482 Cr.P.C. alleging false dowry and cruelty charges. The Court dismissed the petition, holding that falsity of allegations is a trial-ground, not a basis for invoking Section 482 jurisdiction.
No relief; the order of cognizance and criminal proceedings are not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Cr.M.P. No. 124 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 124 of 2023
Somnath Bala, aged about 40 years, son of Goverdhan Bala, resident of Gandhi Marg, Dev Nagar near Baradwari, Sakchi, Kalimati, Jamshedpur, P.O. & P.S.- Sakchi, Dist.- East Singhbhum
...... Petitioner
Versus
For the Petitioner : Mr. Rajendra Prasad Gupta, Adv. For the State : Ms. Priya Shrestha, Spl. PP
P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
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Cr.M.P. No. 124 of 2023
Section for 498A of IPC and Section 3/4 of the D.P.Act. Learned JMFC, Jamshedpur taking into consideration the materials available in the record, found the primary case and observed that prima facie case is made out against the petitioner for having committed the offences punishable under Section for 498A of IPC and Section 3/4 of the D.P.Act and took cognizance for having committed the said offences against the petitioner vide the order dated 30.09.2022.
3 Cr.M.P. No. 124 of 2023
chargesheet submitted by the police and the First Information Report, as well as statement of the witnesses goes to show the commission of the offences punishable under Sections 498A of IPC and Section 3/4 of the D.P.Act, and the contention of the petitioner that the allegation are against him is false is certainly not a ground for quashing the entire criminal proceeding as the same ground can be taken by the petitioner only during the trial.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi Dated, the 3rd October, 2023 Smita /AFR
1 issue framed by the court
Whether false allegations and other trial defenses constitute valid grounds for quashing criminal proceedings under Section 482 Cr.P.C. in a domestic violence case.
3 provisions across 3 enactments
Somnath Bala
The State of Jharkhand
Moushmi Bala
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
