ASHOK BHUSHAN, K.M.JOSEPH
RASHMI CHOPRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Key Points: - The judgment holds that Section 498A does not require the complaint to be filed only by the woman subjected to cruelty; a complaint by the father of the victim is maintainable. (!) - The High Court can exercise inherent powers under Section 482 Cr.P.C. in exceptional circumstances to quash a complaint where a prima facie case is not made out or to prevent abuse of process, as outlined in Bhajan Lal and Rakhi Mishra line of authorities. (!) (!) (!) - The Court remanded and partially allowed quashing of complaints, distinguishing between allegations under 498A/DP Act and offences under IPC Sections 323, 504, 506, confirming that some offences may proceed while others are quashed. (!) (!) (!) (!) - The Court noted that divorce decrees do not wipe out criminal offences under IPC or DP Act and that jurisdictional concerns require examination of offences in the Indian court despite foreign divorce proceedings. (!) - The complaint’s allegations under 323, 504, 506 were specific to Rajesh Chopra and a limited set of accused; other appellants’ involvement under those sections was not established. (!) - The magistrate’s summoning order can be sustained without elaborate reasoned orders for issuance of process; the standard is whether there are sufficient grounds for proceeding, not for conviction. (!) (!) - The appeals involve multi-appeal consolidation arising from the same High Court order, with the Supreme Court upholding partial quashings and allowing certain allegations to proceed. (!) (!)
JUDGMENT
Ashok Bhushan, J.
These appeals have been filed challenging the judgment of Allahabad High Court dated 08.08.2018 by which the application under Section 482 Cr.P.C. filed by the appellants praying for quashing the complaint and proceedings in Complaint Case No. 4967 of 2015 have been dismissed.
2. All the appeals having been filed against the same judgment, facts of the case are being taken from Criminal Appeal No. 594 of 2019 - Rashmi Chopra & Ors. vs. The State of Uttar Pradesh & Anr., in which criminal appeal, reply affidavit and rejoinder affidavit have been filed. The background facts of the case necessary to be noted for deciding these appeals are:-
2.1 Nayan Chopra, son of Rashmi Chopra and Rajesh Chopra got married with Vanshika Bobal, daughter of respondent No.2, Indrajeet Singh on 15.04.2012. All the appellants are family members of Nayan Chopra. Rashmi Chopra is mother, Rajesh Chopra is father, Am it Chopra is Brother and Anita Gandhi is Mother's Sister of Nayan Chopra, whereas Kuldeep Gandhi is husband of Anita Gandhi. NayanChopra with his mother, father and brother are resident of 203, Jainti Apartment, Police Station - Begumpet, Hyderabad (Andhra Pradesh). Anita
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