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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Padmavathi @ Vanitha – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Preface:
The present Criminal Original Petition is filed invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) seeking quashment of the final report in S.T.C.No.446 of 2023 pending on the file of the learned Judicial Magistrate, Alangulam.
2. The petitioner is arrayed as the sole accused in the said case for the alleged offences under Sections 294(b), 355 and 506(1) of the Indian Penal Code, which correspond to Sections 296(b), 133 and 351(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The petitioner seeks quashment of the proceedings primarily on the ground that the criminal prosecution has arisen out of a matrimonial discord between the petitioner and the de-facto complainant and that the allegations in the final report, even if accepted in their entirety, do not disclose the ingredients of the offences alleged.
4. The jurisdiction of this Court under Section 528 BNSS is meant to prevent abuse of the process of law and to secure the ends of justice. The present petition therefore calls for examination of whether the continuation of the criminal proceedings would
Inherent powers under Section 528 BNSS cannot be invoked to quash criminal proceedings involving disputed questions of fact that require a full-fledged trial to establish, specifically where prima fa....
Inherent powers under S.528 BNSS (or S.482 CrPC) may be invoked to quash criminal proceedings involving non-compoundable offences if the dispute is inherently matrimonial, private in nature, and the ....
Quashing of criminal proceedings under Section 482 CrPC is not warranted when allegations disclose cognizable offences and must be adjudicated at trial.
Proceedings against relatives in dowry cases must allege specific conduct; general allegations fail to establish a prima facie case.
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