By Express News Service
The Supreme Court has not too long ago noticed that allegations of dowry demand can’t be known as as extremely inconceivable if the spouse is affected by AIDS and divorce proceedings are pending.
“Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to be bogus proceedings,” a bench of Justices MR Shah and CT Ravikumar has noticed.
Court’s order was handed in a plea difficult Allahabad HCs May 9, 2019 ruling by which the courtroom had quashed the prison proceedings for part 498A/506 of IPC and sections 3/4 of the Dowry Prohibition Act, 1961. The reduction was granted by the HC to the husband after contemplating that the allegations of demand of dowry had been inherently inconceivable. According to the HC, the demand was “inherently improbable” as the unique complainant (spouse) was affected by AIDS and a divorce petition was additionally pending between the events.
Terming HCs order as “erroneous”, bench of their order stated, “the reasoning given by the High Court while quashing the criminal proceedings are not germane and the High Court while quashing the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C. Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable.”
The Supreme Court has not too long ago noticed that allegations of dowry demand can’t be known as as extremely inconceivable if the spouse is affected by AIDS and divorce proceedings are pending.
“Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to be bogus proceedings,” a bench of Justices MR Shah and CT Ravikumar has noticed.
Court’s order was handed in a plea difficult Allahabad HCs May 9, 2019 ruling by which the courtroom had quashed the prison proceedings for part 498A/506 of IPC and sections 3/4 of the Dowry Prohibition Act, 1961. The reduction was granted by the HC to the husband after contemplating that the allegations of demand of dowry had been inherently inconceivable. According to the HC, the demand was “inherently improbable” as the unique complainant (spouse) was affected by AIDS and a divorce petition was additionally pending between the events.
Terming HCs order as “erroneous”, bench of their order stated, “the reasoning given by the High Court while quashing the criminal proceedings are not germane and the High Court while quashing the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C. Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable.”
