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june 1993

Supreme Court of India · 1993-06-11

SMT. CHAND DHAWAN vs JAWAHAR LAL .

Citation / case number
SC 1992/85917
Court
Supreme Court of India
Petitioner
SMT. CHAND DHAWAN
Respondent
JAWAHAR LAL .
Author
M.M. PUNCHHI
Bench
M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that the High Court's exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, to quash a complaint is justified only when the allegations do not constitute an offence or to prevent abuse of the court process. The Court found that the High Court had improperly assessed the truthfulness of the allegations, which prima facie constituted an offence under Sections 494 and 109 IPC. The appeal was partly allowed, emphasizing that the continuance of proceedings should not be quashed without clear evidence of abuse of process.

SMT. CHAND DHAWAN vs JAWAHAR LAL . · Niyam