Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Quashing of proceedings 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973:s.482 - Quashing of proceedings - Complaint filed u/ ss.498A, 406 IPC - Quashed on the ground that while no offence u/s.498A, IPC was made out against either of the appellants, the offence u/s.406, as alleged, was prima facie made out against the appellant No. 2 alone - Held: The complaint should not have been rejected at the threshold - The facts, as alleged, have to be proved which can only be done in the course of a regular trial - Appreciation, even in a summary manner, of averments made in a complaint petition or FIR would not be permissible at the stage of quashing and the facts stated will have to be ·accepted as they appear on the very face of it - This is the core test that has to be applied before summoning the accused - Once the said stage is overcome, the facts alleged have to be proved by the complainant/prosecution on the basis of legal evidence in order to establish the penal liability of the person charged with the offence - In the instant case, in the face of the averments made in complaint petition regarding mental cruelty for bringing dowry and retention of cash and other gifts received by the respondent-complainant at the time of her marriage by the accused-appellant No. 2, it cannot be said that the complaint filed by respondent was shorn of the necessary allegations to prima facie sustain the case of commission of the offence u/s.498A and s.406- Therefore, complaint petition pending in the trial court cannot be interdicted but has to be finally concluded by the trial court - Trial court directed to complete trial expeditiously.s. 125 - Maintenance granted u/s. 125 by trial court - Writ petition under Article 32 for service of notice on the husband (respondent) and for payment of the arrears of maintenance as also the current monthly maintenance - Maintainability of - Held: Order of maintenance u/s. 125 can be executed by following the provisions of sub-section (3) of s. 125 - When the enforcement and execution of an order passed under a statute is contemplated by the statute itself, normally, an aggrieved litigant has to take recourse to the remedy provided under the statute - In fact, petitioner wife has already initiated a proceeding for execution of the order of maintenance granted in her favour - The fact that the husband against whom the order of maintenance is required to be enforced lives outside the territory of India cannot be a reasonable basis for invoking the extraordinary remedy under Article 32 of the Constitution inasmuch as the provisions of the Code i.e. s.105 makes elaborate provisions for service of summons in case the person summoned by the court resides outside the territory of India - In view of the remedy that is available to the petitioner under the Cr.P.C. and having regard to the fact that resort to such remedy has already been made, jurisdiction under Article 32 of the Constitution in facts of the present case cannot be invoked - Instead, the Family Court is directed to pass appropriate final orders as expeditiously F as possible - Constitution of India, 1950 - Article 32. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 105 |
Petitioner | Bhaskar Lal Sharma & Anr. |
Respondent | Monica & Ors. |
SCR | [2014] 2 S.C.R. 990 |
Judgement Date | 2014-02-18 |
Case Number | 435-436 |
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