Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Quashing C of proceedings - Complaint against husband, his parents, sister and maternal grandmother under s.498A/PC and s.4 of the Dowry Prohibition Act - Husband had purportedly left for USA six months after marriage Complaint was filed long thereafter - No explanation for delayed lodging of complaint Petition under s.482 CrPC Dismisse On appeal, held: Scope for interference under s.482 is limited - However, interference can be made in cases as spelt out in Bhajan Lal's case On facts, cursory perusal of complaint shows that the case at hand falls within category (7) of the illustrative parameters highlighted in Bhajan Lal's case High Court erred in dismissing petition under s.482 CrPC - Penal Code, 1860 - s.498A - Dowry Prohibition Act, 1961 - s.4. The wife of appellant no.1 filed a complaint against him and his parents, sister and maternal grandmother alleging commission of offences punishable under s.498A IPC and s.4 of the Dowry Prohibition Act, 1961. Appellant no.1 had purportedly left for USA six months after marriage. The complaint was filed long thereafter. No explanation for the delayed lodging of the complaint was given. Appellants filed petition under s.482 CrPC contending that the complaint petition was nothing but an attempt to falsely implicate them and that continuance of proceedings against them would be an abuse of the process of law. The High Court dismissed the petition. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 218 |
Petitioner | Sundar Babu And Anr. |
Respondent | State Of Tamil Nadu |
SCR | [2009] 3 S.C.R. 326 |
Judgement Date | 2009-02-19 |
Case Number | 773 |
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