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.