Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Penal Code 1860 - ss.498A and 506 Part II - Dowry Prohibition Act |
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 506 Part II - Dowry Prohibition Act, 1961- s.4 - Police complaint dated C 02.05.2012 filed by wife against husband and in-laws (appellants) making allegations of dowry harassment, and of criminal intimidation on 30. 04. 2012 - Charges framed against appellants ulss. 498A, 506 Part II /PC and s.4 of the Dowry Prohibition Act, 1961 - High Court declined to exercise jurisdiction u/s. 482 CrPC for quashing the proceedings - On appeal, held: The wife was living separately since April, 2011 and hence, no question of any beating by the appellants as alleged by her - Even application filed by first appellant-husband for restitution of conjugal rights having E been withdrawn on 16.04.2012 as the wife was not interested to live together, it is difficult to believe that there was still a demand for dowry on 30. 04. 2012 coupled with criminal intimidation - A/legations vague and bereft of the details as to the place and the time of the incident - Materials before F Judicial Magistrate not sufficient for presuming that appellants committed offence under the charged Sections - Sessions Court and High Court missed these crucial points while considering the petition filed by appellants u/s.397 and s.482 CrP~ respectively - Veiled object to harass the appellants - G Impugned prosecution wholly unfounded - To secure the ends of justice and for preventing abuse of the process of the criminal court, charges framed against the appellants quashed - Appellants discharged - Code of Criminal Procedure, 1973 - s.482.. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 393 |
Petitioner | Swapnil And Others |
Respondent | State Of Madhya Pradesh |
SCR | [2014] 7 S.C.R. 437 |
Judgement Date | 2014-05-09 |
Case Number | 1144 |
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