Anurag Vijaykumar Goel VS State of Maharashtra

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Criminal P.C. (2 of 1974) , S.482— Constitution of India , Art.142— Quashing of proceedings – Marital discord between parties – Allegations of cruelty – Statement on basis of which crime was registered against accused under S. 498A were common-place, banal and vague, without any specific instances mentioned and filed one year after admitted separation of couple – Contrary statements of witnesses should be tested in a trial and there was no question of veracity of allegations in FIR or charge-sheet being considered, at the stage of quashing – There was nothing substantial in complaint leading to registration of crime under S. 498A – Allegations and counter allegations were nothing more than ordinary marital squabbles, skirmishes and bickerings blown out of proportion – Acrimonious relations between parties for last 8 years without any let-up and multiple legal proceedings pending, indicated that relationship between them had irretrievably broken down – Marriage between the parties was dissolved by exercising powers u/Art.142 of Constitution – Husband was presently unemployed and wife was gainfully employed – Husband was directed to execute gift deed of apartment in favour of wife – Criminal Proceedings were quashed.

AIR 1992 SC 604-Relied on(Paras 9101314162122)



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