Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

\”The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.

The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law of her daughter had induced her to hand over stridhan in the nature of silver utensils weighing about 5 kg, gold jewellery weighing about 400 gms, utensils of the value of Rs 1,00,000 and other items.\”

\”Allowing the petition filed under Section 482 CrPC by the accused, the Allahabad High Court quashed the FIR observing that there is no specific allegation against the accused and they cannot be said to be either beneficiaries or they have direct link with act of perpetrator of cruelty.

In appeal filed by the complainant, the bench comprising Justices DY Chandrachud and Dinesh Maheshwari observed that there are specific allegations in the FIR even as against the accused.\”

Judgment: Veena Mittal vs State of Uttar Pradesh

Source: www.livelaw.in