The Division Bench of Justice M.R. Shah and Justice C.T. Ravikumar of the Apex court in the case of X Vs the state of Uttar Pradesh & Ors held that 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.
Brief Facts:
The factual matrix of the case was that the original Complainant preferred the present appeal due to the judgment and order passed by the High Court of Judicature at Allahabad in which the High Court allowed the application under Section 482 Code of Criminal Procedure, 1973 and quashed the criminal proceedings for the offences under Section 498-A/506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.
Observations of the Court:
It was observed that merely because the wife was suffering from the disease AIDS and/or the divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings are bogus. Therefore, the reasoning given by the High Court while quashing the criminal proceedings was found to be not germane and the High Court while quashing the criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973 has seriously erred and exceeded its jurisdiction.
It was opined that once the charge sheet has been filed after the investigation based on a prima facie case, it cannot be said that the prosecution was bogus.
The decision of the Court:
The Apex Court set aside the impugned judgment and order passed by the High Court and the criminal proceedings against the Respondents/original accused were ordered to be restored.
Case Title: X V. the state of Uttar Pradesh & Ors
Coram: Hon’ble Mr. Justice M.R. Shah and Hon’ble Mr. Justice C.T. Ravikumar
Case No: Criminal Appeal No. 25 of 2023
Advocate for Appellant: Adv. Avinash Sharma
Advocates for Respondents: Advs. Srishti Singh, Swetank Shantanu
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