In the appeal filed by the wife against the decision of the High Court, the Supreme Court noted that the reasoning given by the High Court while quashing the criminal proceedings against the husband was unsustainable.
“Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to be bogus proceedings. Therefore, the reasoning given by the High Court while quashing the criminal proceedings are not germane,” the Court observed.
The Court also noted that the High Court exceeded its power under Section 482 of the Code of Criminal Procedure (CrPC) since at the time when the High Court had passed the order, the chargesheet was already filed against the accused after the investigation found a prima facie case against him.
“Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable,” the Court observed while setting aside the order passed by the High Court.
The apex court, therefore, ordered restoration of criminal proceedings against the accused husband.
Source: Barandbench
