Code of Criminal Procedure, 1973: s.482 – Quashing of proceedings – Complaint filed under ss.498A, 304B IPC – Application for quashing the proceedings filed under s.482 dismissed by the High Court – On appeal, held: High Court did not mention the bare facts of the case with a view to appreciate the factual controversy – High Court ought to have first set out the brief facts of the case with a view to understand the factual matrix of the case and then examined the challenge made to the proceedings and then recorded his finding as to on what basis and reasons, a case is made out for any interference or not – Matter remitted to High Court for consideration afresh – Penal Code, 1860 – ss.498A and 304B. 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 of the case and then examined the challenge made to the proceedings in the light of the principles of law laid down by this Court and then recorded his finding as to on what basis and reasons, a case is made out for any interference or not. This is the least that is required in every order to support the conclusion reached for disposal of the case. It enables the Higher Court to examine the question as to whether the reasoning given by the Court below is factually and legally sustainable. This exercise was not done by the High Court while passing the impugned order and hence interference is called for. [Paras 10, 11 and 12] [464-D-F]
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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