Supreme Court of India · 2007-09-17
Pratibha vs Rameshwari Devi & Ors
- Citation / case number
- AIR 2007 SC (SUPP) 899
- Court
- Supreme Court of India
- Petitioner
- Pratibha
- Respondent
- Rameshwari Devi & Ors
- Author
- Tarun Chatterjee
- Bench
- A.K. Mathur, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the High Court exceeded its jurisdiction under Section 482 of the Code of Criminal Procedure by quashing FIR No. 221 of 2001, which was filed under Sections 498A and 406 of IPC. The Court emphasized that the inherent powers of the High Court should not be exercised to quash an FIR before evidence is presented, as it may lead to undue advantage for the accused. Consequently, the Supreme Court set aside the High Court's order and reinstated the FIR, allowing the case to proceed.