Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Bobbili Ramakrishna Raju Yadav & Ors. Vs. State of AP & Anr.

Head Note

The Code of Criminal Procedure, 1973  - Section 482 , The Dowry Prohibition Act,1961  - Section 6

Quashing of Complaint - Dowry Prohibition - Marriage of first respondent and 'S' was solemnized in 'V' on 04.05.2007 - The couple was living in 'B' - Appellants 2 to 6-the parents and sisters of appellant No.1 were living in 'V' - There are no specific allegations against appellants 2 to 6 that the dowry articles were entrusted to them and that they have not returned the dowry amount and the articles to 'S' -There are no allegations that those dowry articles were kept in 'V' and used by appellants 2 to 6 who were separately living away from the couple in 'B' - Even though complainant has alleged that the dowry amount was paid at the house of the accused at 'G', there are no specific allegations of entrustment of the dowry amount and articles to appellants 2 to 6 - Uncontroverted allegations made in the complaint do not constitute an offence under Section 6 of the Act, 1961 against appellants 2 to 6 - There is no sufficient ground for proceeding against the appellants 2 to 6 - Continuation of the criminal proceeding against appellants 2 to 6 is not just and proper and the same is liable to be quashed.

The Code of Criminal Procedure, 1973  - Section 482

Quashing of Complaint - Power under Section 482 Cr.P.C. should be sparingly exercised in rare cases - When a prosecution at the initial stage was asked to be quashed, the test to be applied by the Court was as to whether the uncontroverted allegations as made in the complaint prima facie establish the offence - It was also for the Court to take into consideration any special feature which appears in a particular case to consider whether it was expedient and in the interest of justice to permit a prosecution to continue - This was so on the basis that the Court cannot be utilized for any oblique purpose - Where in the opinion of the Court chances of an ultimate conviction are bleak and therefore, no useful purpose was likely to be served by allowing a criminal prosecution to continue, the Court may while taking into consideration the special facts of a case also quash the proceedings even though it may be at a preliminary stage.

Topic(s)-Quashing of Complaint - Dowry Prohibition - Qashed

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@2016 Indian Law
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