Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2012

Supreme Court of India · 2012-03-23

USHABEN vs KISHORBHAI CHUNILAL TALPADA .

Citation / case number
SC 2010/5240
Court
Supreme Court of India
Petitioner
USHABEN
Respondent
KISHORBHAI CHUNILAL TALPADA .
Author
RANJANA PRAKASH DESAI
Bench
RANJANA PRAKASH DESAI AFTAB ALAM

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the complaint under Section 494 IPC, emphasizing that the complaint can be filed by the aggrieved person, which in this case is the appellant. The Court clarified that the police are entitled to investigate the complaint at the investigation stage, and the High Court's reliance on its previous judgment in Babubhai Madhavlal Patel was misplaced. The Court allowed the appeal, reinstating the complaint under Section 494 IPC against all respondents, while permitting the investigation of other offences under Sections 498A, 506(2) IPC and Sections 3 and 7 of the Dowry Prohibition Act to proceed.

USHABEN vs KISHORBHAI CHUNILAL TALPADA . · Niyam