2008 (3) TMI 768 - SC - Indian Laws

Summary

Issues involved:
Challenge to judgment quashing criminal proceedings u/s 482 Cr.P.C.

Background:
- Appellant married respondent No. 3 and alleged harassment for dowry.
- FIR registered for offenses u/s 498A IPC and Dowry Prohibition Act.
- Various complaints and legal actions ensued.
- Maintenance granted to appellant in matrimonial suit.
- Dispute over maintenance led to filing of discharge application u/s 239 Cr.P.C.
- Sessions Judge and High Court dismissed revision and accepted petition u/s 482 Cr.P.C.

Judgment Analysis:
- Learned Single Judge quashed proceedings citing malicious intent and private grudge.
- Appellant argued that parameters of u/s 482 Cr.P.C. not considered.
- Highlighted dismissal of matrimonial suit before High Court judgment.
- Emphasized that u/s 482 Cr.P.C. is an exception, not the rule, and must prevent abuse of process.
- Quoting R.P. Kapur v. State of Punjab, outlined categories for quashing proceedings.
- Cautioned against misuse of power to stifle legitimate prosecution.
- Reiterated that mala fides of informant are secondary to evidence collected during investigation.
- Cited precedents to support the position of law.

Conclusion:
- Impugned order deemed indefensible and set aside.
- Appeal allowed without costs.