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.