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2014 Supreme(SC) 425

SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH
Swapnil – Appellant
Versus
State of Madhya Pradesh – Respondent


JUDGMENT

KURIAN, J. –

1. Leave granted.

2. The appellant is aggrieved by the order dated 02.09.2013 passed by the High Court of Madhya Pradesh Bench at Indore. As per the impugned order, the High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC') for quashing the proceedings and charges framed against the appellants under Section 498A, 506 Part II of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC') and Section 4 of the Dowry Prohibition Act, 1961. The appellants 2 and 3 are his father and mother respectively.

The Respondent No. 2 is the wife of the first appellant. She lodged a complaint with Mahila Thana, Indore Police Station on which FIR No. 50 dated 02.05.2012 under Section 498A, 506 and 34 of IPC was registered. It was alleged in the complaint that the marriage between the first appellant and second respondent was performed on 24.06.2009 and after two months of the marriage, the appellants and the sister of the first appellant started demanding dowry. It is seen from Annexure-P3-application filed by the first appellant on 14.07.2011 under Section 9 of the Hindu Marriage Ac




















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