Supreme Court · 2014 INSC 105 · Decided 18 February 2014

Bhaskar Lal Sharma & ANR. v. Monica & ORS.

Court
Supreme Court of India
Citation
2014 INSC 105 · [2014] 2 S.C.R. 990
Case number
CRIMINAL APPEAL No. 435/2014
Decided
18 February 2014
Bench
P. SATHASIVAM, RANJAN GOGOI, SHIVA KIRTI SINGH (3-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 498, 406, 498A; CrPC Section 482; Constitution Article 32

Headnote

Code of Criminal Procedure, 1973: s.482 - Quashing of proceedings - Complaint filed u/ ss.498A, 406 /PC - Quashed on the ground that while no offence u/s.498A, /PC was made out against either of the appellants, the offence u/s.406, as alleged, was prima facie 0 made out against - Held: The complaint should not have been rejected at the threshold - The facts, as alleged, have to be proved which can only be done in the course of a regular trial - Appreciation, even in a summary manner, of averments made in a complaint petition or FIR would not be permissible at the

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