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march 2009

Supreme Court of India · 2009-03-06

Samira Khanum vs Md.Asfar Towheed And Anr

Citation / case number
AIR 2009 SUPREME COURT 2149
Court
Supreme Court of India
Petitioner
Samira Khanum
Respondent
Md.Asfar Towheed And Anr
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the order of the Patna High Court quashing the summons issued against the respondent under Sections 498-A and 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Court emphasized that the allegations of dowry demand and cruelty must be substantiated with credible evidence, and mere assertions without proof do not warrant criminal proceedings. The Court held that the High Court was justified in exercising its powers under Section 482 CrPC to prevent abuse of the process of law.

Samira Khanum vs Md.Asfar Towheed And Anr · Niyam