Code of Criminal Procedure, 1973: s. 482 – Quashing of proceedings – Complaint filed against the appellant under ss.498A,
323 IPC and ss. 3 and 4 of Dowry Prohibition Act, 1961 – Application for quashing of proceeding dismissed by High Court – On appeal, held: Single Judge of High Court quoted the principles of law laid down in several decisions relating to powers of the High Court under s.482 of the Code but did not refer to the facts of the case to appreciate the controversy of the case – Matter remitted to High Court for consideration afresh – Penal Code, 1860 – ss.498A,
323 – Dowry Prohibition Act, 1961 – ss. 3 and 4.
Allowing the appeal and remanding the matter to High Court, the Court
HELD : The Single Judge ought to have first set out the brief facts of the case with a view to understand the factual matrix and then examined the challenge made to the proceedings in the light of the principles of law laid down by this Court with a view to record the findings on the grounds urged by the appellant as to whether any interference therein is called for or not. This exercise was not done by the High Court while passing the impugned order. [Paras 10 and 11][461-B-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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