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Supreme Court of India 2018-08-21 allowed

K. Subba Rao & Ors vs State of Telangana rep. by its Secretary, Department of Home and Ors

Bench: 2 — L. Nageswara Rao

In Brief

The appellants, maternal uncles of a husband, were charged with harassment and kidnapping under Sections 498A, 120B, 420, and 365 IPC following a complaint by the wife. The charge sheet contained only bald allegations of their support for the husband's wrongdoing without specific evidence of their involvement. The Supreme Court held that distant relatives in matrimonial disputes should not be prosecuted on omnibus allegations alone; a prima facie case with concrete instances of involvement must exist. Finding no such evidence, the Court quashed the proceedings against the appellants, allowing the appeal.

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Criminal Procedure Matrimonial Disputes Dowry Harassment Kidnapping Quashing of FIR Abuse of Process

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