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march 2008

Supreme Court of India · 2008-03-03

Renu Kumari vs Sanjay Kumar & Ors

Citation / case number
AIR 2008 SC (SUPP) 1958
Court
Supreme Court of India
Petitioner
Renu Kumari
Respondent
Sanjay Kumar & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973, is an exception and not a rule, and should be applied cautiously. The Court found that the High Court had erred in quashing the proceedings against the respondents, as the parameters for such jurisdiction were not properly considered, particularly in light of the earlier matrimonial case that was dismissed prior to the High Court's decision. The appeal was allowed, and the High Court's order was set aside, reinstating the proceedings.

Renu Kumari vs Sanjay Kumar & Ors · Niyam