Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – s. 498A – Dowry Prohibition Act 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: The question pertains to quashing of the FIRand the Criminal Case pending before the magistrate against the appellants,mother-in-law and two brother-in-laws u/s. 498A IPC and ss. 3 and 4 of theDowry Prohibition Act, 1961.Penal Code 1860 – s. 498A – Dowry Prohibition Act 1961 – ss. 3and 4 – Harassment for dowry – In the midst of matrimonial disputebetween husband and wife, complaint by wife-daughter-in-law againsther mother-in-law and brother-in-laws alleging that they subjected herto mental and physical harassment for dowry – Quashing of criminalproceedings:Held: There were certain glaring inconsistencies and discrepancies –Wife after leaving her matrimonial home did not choose to make a complaintagainst her in-laws in relation to dowry harassment for four year till thehusband instituted divorce proceedings – Her allegations are mostly generaland omnibus in nature, without any specifi c details as to how and whenher in-laws, who lived in diff erent cities subjected her to harassment fordowry – Complaint shows that her motives were not clean and she clearlywanted to wreak vengeance against her in-laws – Allegations are whollyinsuffi cient and, prima facie, and do not make out a case – They are sofarfetched and improbable that no prudent person can conclude that thereare suffi cient grounds to proceed against them – Permitting the criminalprocess to go on against the in-laws would, thus, result in clear and patent injustice – Thus, a fi t case for the High Court to exercise its inherent poweru/s. 482 to quash the FIR and the consequential proceedings – FIR and thecriminal case against the in-laws are quashed – Code of Criminal Procedure,1973 – s. 482. [Paras 18-23]Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR –When chargesheet was fi led by the police while the petition fi led u/s.482 was pending – Power of the High Court:Held: High Court would continue to have the power to entertain andact upon a petition fi led u/s. 482 to quash the FIR even when a chargesheetis fi led by the police during the pendency of such petition. [Para 11] |
Judge | Hon'ble Mr. Justice Sanjay Kumar |
Neutral Citation | 2023 INSC 779 |
Petitioner | Abhishek |
Respondent | State Of Madhya Pradesh |
SCR | [2023] 11 S.C.R. 507 |
Judgement Date | 2023-08-31 |
Case Number | 1457 |
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