CrPC 340 Supreme Court:- Casual, wholesale reference to in-laws won’t justify dowry case, hence quash. October 23, 2012 498agladiator 5 comments “It is a well-settled principle laid down in cases too numerous to mention that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings, [thus] preventing the abuse of the process of law. Simultaneously, the courts are expected to adopt a cautious approach in matters of quashing specially in cases of matrimonial dispute whether the FIR in fact discloses commission of an offence by the relatives of the principal accused or the FIR prima facie discloses a case of over-implication by involving the entire family at the instance of the complainant, who is out to settle scores arising out of the teething problem or skirmish of domestic bickering while settling down in her new matrimonial surrounding.” the court clarified, “We deem it appropriate to add by way of caution that we may not be misunderstood so as to infer that even if there are allegations of an overt act indicating the complicity of the members of the family named in the FIR in a given case, cognisance would be unjustified.” Pls go through the Judgment below: To download the same Click Here REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1674 OF 2012 (Arising out of SLP (Crl.) No. 10547/2010) Geeta Mehrotra & Anr. ..Appellants Versus
Posted on: Mon, 02 Dec 2013 11:12:52 +0000
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