Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | complaint filed to harass the appellants cruelty Dowry Prohibition s.482 general allegations Cr.P.C quashing of complaint |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.482 – Application under – By six appellants-accused – Praying for quashing the complaint and criminal proceedings in a complaint case u/ss. 498A, 323, 504, 506 IPC and s.3/4 of Dowry Prohibition Act – Application dismissed by High Court – Appeal to Supreme Court – Held: There were two sets of allegations in the complaint – One was with regard to offences u/ss. 323, 504 and 506 IPC and another for offences u/s. 498A IPC and ss. 3/4 of Dowry Prohibition Act – Complaint u/ss. 323, 504 and 506 was made only against one appellant-accused and two unknown persons – Therefore, other appellants could not have been summoned for the offences u/ss. 323, 504 and 506 IPC – In the complaint u/s. 498A IPC r/w ss. 3/4 of Dowry Prohibition Act there were common general allegations against every appellant and the complaint shows that the same was filed with a view to harass the appellants and hence deserves to be quashed – Penal Code, 1860 – ss. 323, 504, 506 and 498A – Dowry Prohibition Act, 1984 – ss.3/4. Penal Code, 1860: s.498A – Complaint alleging offence u/s. 498A – Locus standi of complainant – Held: There is nothing in s.498A to indicate that the complaint has to be necessarily filed by the woman who was subjected to cruelty by husband or his relatives. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 600 |
Petitioner | Rashmi Chopra |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2019] 6 S.C.R. 1132 |
Judgement Date | 2019-04-30 |
Case Number | 594 |
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