Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2007

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.

Pratibha vs Rameshwari Devi & Ors · Niyam