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Matrimonial Lawyer: the complaint for cruelty and dowry can be filed by the relative of the wife; SC.

Supreme Court of India

Justice Ashok Bhushan

The SC had quashed the complaint against the, relatives / parents / siblings, of the husband in the case titled as "Rashmi Chopra versus State of UP", it was held by the SC that no allegation of offence against the appellants, except one, is being made out in the complaint, therefore, the summoning order against other appellants against whom there are no allegations was quashed.

It was further held that the allegations under Section 3 and 4 of Dowry Prohibition Act were general and sweeping. No dates and details, were  specifically mentioned in the complaint. Also the complaint was filed as a counterblast to the divorce petition of the husband. No allegations of criminal offence in the reply submitted by the wife to USA family court, which granted divorce were made. It was also held that the complaint under Section 498 A IPC can be filed by the relatives of the victim.

Finally, it was held that under Section 482 CrPC, the high court did not deal facts of the case, but only cited the law, the approach of the High Court was deprecated, and the Order of the High Court was set aside.


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