Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Ratna Dusad D/o Sri Gopal Dusad – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mrs. R. Rongmei, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned counsel for the respondent No. 2 and Mr. P.S. Laskar, learned Addl. Public Prosecutor.
2. By way of this petitioner under Section 482 Cr.PC, the petitioner is seeking quashing of the complaint petition dated 19.07.2017 filed by the respondent No.2 before the Chief Judicial Magistrate, Cachar, Silchar.
3. The brief facts of the case is that the respondent No. 2 lodged a complaint on 19.07.2017 before the jurisdictional Chief Judicial Magistrate Court alleging that on 12.12.2016, he was married with the petitioner as per Hindu rites and ritual and at the time of marriage, she disclosed her age as 21 years but after marriage, he came to know that her actual age is 25 years.
4. It is further alleged that after few days, he came to know her age is not 25 years but 32 years. Thereafter, the petitioner left the house and went to her paternal home. It is further alleged that on 06.07.2017, the petitioner came to the residence of the respondent with Police showing an Order dated 01.07.2017 passedin Case No. 431M/2017 under Section 94 Cr.PC and took away the stridhan ar
A complaint alleging theft and cheating was quashed as the police acted under a magistrate's order, indicating no criminal offence was made out.
(1) Filing of complaint by the complainant in the Court of Chief Judicial Magistrate, Budgam, is a sheer abuse of process of law.(2) Very basis of assuming jurisdiction in the matter, i.e., taking of....
The court emphasized that the complaint did not need meticulous analysis before the trial to determine whether it would end in conviction or acquittal, and that the mala fides of the informant were o....
High Court under Section 482 CrPC cannot quash proceedings where specific allegations of cruelty, dowry demands, assaults and harassment prima facie constitute offences; no evidence appreciation at t....
Point of Law : Private complaint – Quashing of complaint - Magistrate straightway issue the process without first recording statement of the complainant and the witness, if any present, under Section....
The court held that allegations in a complaint must substantiate a prima facie case; mere accusations without evidence do not constitute an offence, especially when intended to harass.
The court emphasized that a Magistrate must apply judicial mind before summoning accused, and inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
