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september 2007

Supreme Court of India · 2007-09-17

PRATIBHA vs RAMESHWARI DEVI .

Citation / case number
SC 2004/27036
Court
Supreme Court of India
Petitioner
PRATIBHA
Respondent
RAMESHWARI DEVI .
Author
TARUN CHATTERJEE
Bench
TARUN CHATTERJEE A.K. MATHUR

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 should not be exercised to quash FIRs when allegations of harassment and cruelty are made, as it could lead to undue advantage for the accused. The appeal was allowed, and the High Court's order was set aside, reinstating the FIR against the respondents.

PRATIBHA vs RAMESHWARI DEVI . · Niyam