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.