Supreme Court of India
Arun Singh & Others v. State of U.P. through its Secretary & Another
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above facts and discussions, we are of the considered view that insofar as offence under Section 493 I .P.C. is concerned, since F.I.R. does not disclose the commission of any offence under the said Section and thus continuance of the criminal prosecution under said section would amount to abuse of process of the Court and the order of the High Court to that extent is liable to be set aside.
Judgment, page 15
From the headnote
Code of Criminal Procedure, 1973– s.482 – Non- compoundable offences – Power of High Court to quas h proceedings – Respondent no.2 alleged that after th e marriage proposal of his daughter was finalised with appellant no.1, he started visiting their house frequently and misleading his daughter that now since the marriage is finalised and only ceremony of ‘fera s’ remains to be performed, took her for outings on various occasio ns – One day he induced her to his room and established physical relationsh ip with her – Subsequently, the appellant started maki ng demand of dowry of Rs. 5 Lakh –
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