Supreme Court of India · 1999-05-14
ARUN VYAS & ANR. vs ANITA VYAS
- Citation / case number
- SC 1999/60553
- Court
- Supreme Court of India
- Petitioner
- ARUN VYAS & ANR.
- Respondent
- ANITA VYAS
- Author
- SHAH MOHAMMED QUADRI
- Bench
- SYED SHAH MOHAMMED QUADRI K.VENKATASWAMI
Judgment text excerpt
The Supreme Court addressed the appeal against the High Court's order setting aside the discharge of the appellants under Sections 498-A and 406 IPC, and Section 6 of the Dowry Prohibition Act. The Court held that a Magistrate can discharge an accused after taking cognizance but before trial, and clarified that the High Court correctly noted the applicability of Section 473 Cr.P.C. regarding the delay in filing the complaint. The Court ultimately upheld the High Court's decision to proceed with the case, emphasizing the need to consider the merits of the complaint despite the limitation argument.