Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | women cell unlawful demand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:ss. 498A and 406 - Framing of charges under - FIR by wife alleging commission of offence u/s 498A and 406/34 by in-laws and husband, on basis of complaint before Women Cell - Charges framed against in-laws and husband u/s 498A and 406/34 - Challenge to - Held: There was no allegation of entrustment of property by complainant-wife to her in-laws and husband and its misappropriation by them - Also no allegation of harassment of wife by in-laws with a view to coerce her to meet unlawful demand except husband - Thus, charges u/s 406 against in-laws and husband, and u/s 498A against in-laws quashed - However, charges framed against husband u/s 498A upheld. ss. 498A and 406 - Ingredients for - Explained.Code of Criminal Procedure, 1973: ss 227, 228, 239, 240 and 245 - Duty of court while framing of charges - General guidelines - Held: Court is to evaluate materials on record to find out if facts at their face value disclose existence of ingredients for constituting the alleged offence - It is to consider whether there is a ground for presuming that offence has been committed and not that the ground for convicting the accused is made out - Probative value of materials on record cannot be gone into. There was some matrimonial dispute between the complainant-wife and the appellant no. 3-husband. The complainant filed a complaint in the Crime against Women Cell against appellant no 1 and 2-in laws and appellant no 3, alleging harassment by them. However, the parties entered into a compromise and the complainant joined her husband. Next month the complainant came back to her paternal home for her delivery. The complainant then filed another complaint against the appellants. She recorded a statement alleging misbehavior on part of her in-laws and dowry demand made by them and that they refused to return her Stridhan. FIR was lodged under sections 406 and 498A I.P.C. against the appellants. The charge sheet was filed. The Metropolitan Magistrate held that no case was made out against all the appellants u/s 406 and appellant no. 1 and 2 for offences u/s 498A and discharged all of them. In Revision Petition, the Sessions Court held that the case u/s 406 and 498A was made out and directed the trial court to frame charges accordingly. Appellants then filed Criminal Revision Petition for quashing the charge sheet and consequential proceedings arising out of FIR. High Court upheld the order of Sessions Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2007 INSC 1301 |
Petitioner | Onkar Nath Mishra & Ors. |
Respondent | State (nct Of Delhi) & Anr. |
SCR | [2007] 13 S.C.R. 716 |
Judgement Date | 2007-12-14 |
Case Number | 1716 |
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