Supreme Court of India
Digital Supreme Court Reports
The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
Home
Full Text

KAHKASHAN KAUSAR @ SONAM & ORS. vs. STATE OF BIHAR & ORS.

SCR Citation: [2022] 1 S.C.R. 558
Year/Volume: 2022/ Volume 1
Date of Judgment: 08 February 2022
Petitioner: KAHKASHAN KAUSAR @ SONAM & ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2022 INSC 163
Judgment Delivered by: Hon'ble Mr. Justice Krishna Murari
Respondent: STATE OF BIHAR & ORS.
Case Type: CRIMINAL APPEAL /195/2022
Order/Judgment: Judgment
1. 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.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Penal Code
  • 1860: s.498-A
5. Equivalent citation
    Citation(s) 2022 (2) JT 135 = 2022 (2) Suppl. JT 135 = 2022 (3) SCALE 8