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january 2008

Supreme Court of India · 2008-01-25

Sunita Jain vs Pawan Kumar Jain & Ors

Citation / case number
AIRONLINE 2008 SC 466
Court
Supreme Court of India
Petitioner
Sunita Jain
Respondent
Pawan Kumar Jain & Ors
Author
C.K. Thakker
Bench
C.K. Thakker, D.K. Jain

Judgment text excerpt

The Supreme Court held that the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973 was erroneous as it failed to consider the gravity of the allegations made by the appellant regarding dowry harassment under Section 498A IPC. The Court emphasized that the High Court should not have interfered at the preliminary stage of the investigation, thereby reinstating the criminal proceedings against the respondents. The appeal was allowed, and the order of the High Court was set aside, allowing the case to proceed.

Sunita Jain vs Pawan Kumar Jain & Ors · Niyam