Supreme Court of India
Kahkashan Kausar @ Sonam & Ors. v. State of Bihar & Ors.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above facts and discussions, the impugned order dated 13.11.2019 passed by the High Court of Patna is set aside.
Judgment, page 12
From the headnote
Penal Code, 1860: s.498-A – Purpose of enactment of s.498-A and misuse of the said section – Discussed. Penal Code, 1860: s.498-A – Complaint against in-laws – Complainant alleged that 'all accused harassed her mentally and threatened her of terminating her pregnancy' – No specific and distinct allegations made against either of the accused i.e., none of the appellants were attributed any specific role in furtherance of the general allegations made against them – Allegations were, therefore, general and omnibus and can at best be said to have been made out on account of small skirmishes – Therefore, it would be unjust if the appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband are forced to undergo trial.
Authorities it was built on
- 2013 Lalita Kumari v. Govt. of U.P. and Ors.
- 2014 Arnesh Kumar v. State of Bihar & Anr.
- 2010 Preeti Gupta & Another v. State of Jharkhand & Another
- 2012 Geeta Mehrotra & Anr. v. State of U.P. & Anr.
- 2018 Social Action Forum for Manav Adhikar and Another v. Union of India Ministry of Law and Justice and Others
- 1993 D.K. Yadav v. J.M.A. Industries Ltd.
Where later benches applied it
- 2024 Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr.
- 2024 Mamidi Anil Kumar Reddy v. State of Andhra Pradesh & Anr
- 2024 Priyanka Jaiswal v. The State of Jharkhand
Of those, 1 relied on · 1 referred to · 1 mentioned
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