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D. Y. CHANDRACHUD, DINESH MAHESHWARI
Veena Mittal – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
1. Leave granted.
2. This appeal arises from an order dated 15 April 2019 of a Single Judge of the High Court of Judicature at Allahabad. The Single Judge has, by the impugned order, exercised the jurisdiction under Section 482 of the Code of Criminal Procedure 1973 [“CrPC”] and quashed the proceedings arising out of the charge-sheet submitted after investigation, in a First Information Report [“FIR”] dated 19 March 2017 registered as Crime No. 0364 of 2017, alleging offences punishable under Sections 498A, 420 and 406 of the Indian Penal Code 1860 [“IPC”] and Sections 3 and 4 of the Dowry Prohibition Act 1961.
3. The cryptic order of the Single Judge contains one paragraph of purported reasons and is extracted below for convenience of reference:
At the stage of considering a petition for quashing criminal proceedings, the allegations in the FIR must be read as they stand, and the Court may only quash proceedings if no offence, as alleged, ha....
The court emphasized that the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973 should be sparing and used to prevent abuse of the process of law and secure the en....
The court emphasized that certain circumstances do not automatically invalidate allegations and that once a prima facie case is found, prosecution cannot be deemed bogus.
Once a charge sheet is filed after finding a prima facie case, it cannot be considered as a bogus prosecution under Section 482 Cr.P.C.
The judgment emphasizes the need to prevent abuse of the process of the Court and highlights the requirement of prima facie evidence to establish the applicability of Section 498-A of the IPC.
The main legal point established in the judgment is the court's power to quash criminal proceedings under Sec. 482 Cr.P.C to prevent abuse of the process of law and ensure the ends of justice.
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