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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA
Nikhil Rastogi – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
VIJAY KUMAR SHUKLA, J.
The present petition is filed under section 482 of Cr.P.C for quashment of FIR No.148/2022 registered at police station Vijay Nagar, Indore under section 420, 406, 498-A of IPC and 3 and 4 of Dowry Prohibition Act, 1961 and criminal proceedings instituted by the respondent no.2 against the petitioner vide RCT No.1809/2023 pending before the JMFC, Indore.
2. In the year 2017, the marriage was performed between the petitioner and respondent no.2 as per Indian customs and traditions in New Delhi, India. After the solemnization of marriage on 25.11.2017, the complainant and the petitioner stayed at the petitioners' father residence in Pant Nagar, Uttarakhand for a period of 1 week. On 07.12.2017 the petitioner and the complainant travelled to United States of America. It is submitted that there was a mutual agreement between the parties that the complainant will be staying with petitioner in USA after the marriage.
3. On 03.03.2022, the complainant had sent a legal notice to the petitioner seeking divorce by mutual consent and asking for Rs.1 crores alimony. The petitioner filed a petition under section 13(1)(ia) of HINDU MARRIAGE ACT for dissolution of ma
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 main legal point established in the judgment is the need for proper investigation and the cautious exercise of inherent jurisdiction under Section 482 of CrPC. The Court emphasized that interfere....
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The High Court can quash non-compoundable offences under Section 482 when the parties amicably settle their dispute and continuation of proceedings would cause extreme injustice.
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.
Point of Law : Investigating Officer can not be restrained from arresting the accused of a cognizable offence.
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