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M. R. SHAH, C. T. RAVIKUMAR
Sunita Kumari @ Gudiya – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09-05-2019 passed by the High Court of High Court Of Judicature at Allahabad in Application under Section 482 No. 14850/2017 by which the High Court has allowed the said application preferred by the original accused/private respondents herein and has quashed the criminal proceedings for the offences under Section 498-A/506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, the original complainant has preferred the present appeal.
3. At the outset, it is required to be noted that at the time when the High Court passed the impugned order and quashed the criminal proceedings, after investigation, the charge sheet was already filed against the accused having found the prima facie case against the accused.
4. From the impugned judgment and order passed by the High Court, it appears that the High Court has quashed the criminal proceedings by observing that as the original complainant/wife was suffering from the disease AIDS and that a divorce petition was also stated to be pending between the parties, the allegations of demand of dowry are inherently imp
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 court emphasized that certain circumstances do not automatically invalidate allegations and that once a prima facie case is found, prosecution cannot be deemed bogus.
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 main legal point established is that in matrimonial disputes, if the parties settle their disputes amicably and obtain a divorce on mutual consent, with the wife receiving permanent alimony, the ....
The court established that amicable settlements between parties can lead to the quashing of non-compoundable criminal proceedings under certain circumstances, emphasizing the court's discretion under....
Inherent powers under Section 482 of CrPC should be exercised sparingly to prevent misuse of criminal law, quashing only when FIR doesn't disclose an offence.
The court affirmed its authority to quash criminal proceedings under Article 142 when genuine settlements exist, prioritizing complete justice over procedural continuance.
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