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.