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september 2014

Supreme Court of India · 2014-09-16

KAILASH CHANDRA AGRAWAL vs STATE OF U.P..

Citation / case number
SC 2011/18764
Court
Supreme Court of India
Petitioner
KAILASH CHANDRA AGRAWAL
Respondent
STATE OF U.P..
Author
ADARSH KUMAR GOEL
Bench
ADARSH KUMAR GOEL V. GOPALA GOWDA

Judgment text excerpt

The Supreme Court held that the proceedings against the appellants under Section 406 IPC and Section 6 of the Dowry Prohibition Act, 1961 were an abuse of process as the appellants were not named in the FIR and no specific allegations were made against them in the subsequent complaint. The Court emphasized the need to avoid implicating distant relatives in dowry cases without substantial evidence, referencing the principle established in Kans Raj vs. State of Punjab. Consequently, the Court quashed the proceedings against the appellants, upholding the stay on further proceedings.

KAILASH CHANDRA AGRAWAL vs STATE OF U.P.. · Niyam