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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

CRIMINAL PROCEEDINGS FOR DOWRY DEMAND CANNOT BE QU...

  • 2023-01-14T10:20:32

CRIMINAL PROCEEDINGS FOR DOWRY DEMAND CANNOT BE QUASHED DUE TO PENDENCY OF DIVORCE PETITION: SUPREME COURT OF INDIA In this case, the husband had filed an application for divorce on grounds of wife suffering from AIDS. The wife thereafter lodged FIR alleging the husband was demanding a luxury car as dowry. The Allahabad High Court quashed the criminal proceedings observing that the complaint lodged against the husband demand of dowry is inherently improbable and that it falls in the category of a bogus prosecution. The wife filed an appeal in Apex Court, which said that it cannot be presumed that allegations of demand of dowry were improbable merely because the wife was suffering from AIDS. After the charge sheet was filed following investigation finding prima facie case, it cannot be said that the prosecution was bogus. Thus, the Apex Court held that the order passed by the High Court quashing the criminal proceedings is unsustainable. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.

CRIMINAL PROCEEDINGS FOR DOWRY DEMAND CANNOT BE QUASHED DUE TO PENDENCY OF DIVORCE PETITION: SUPREME COURT OF INDIA In this case, the husband had filed an application for divorce on grounds of wife suffering from AIDS. The wife thereafter lodged FIR alleging the husband was demanding a luxury car as dowry. The Allahabad High Court quashed the criminal proceedings observing that the complaint lodged against the husband demand of dowry is inherently improbable and that it falls in the category of a bogus prosecution. The wife filed an appeal in Apex Court, which said that it cannot be presumed that allegations of demand of dowry were improbable merely because the wife was suffering from AIDS. After the charge sheet was filed following investigation finding prima facie case, it cannot be said that the prosecution was bogus. Thus, the Apex Court held that the order passed by the High Court quashing the criminal proceedings is unsustainable. With a team of Commercial Law experts, Reddy & Reddy Law Firm has extensive experience and involvement in commercial disputes, including Insolvency Proceedings. We are regularly involved in representations before NCLT, NCLAT, DRT and other commercial tribunals in India.

  • 2023-01-14T10:20:32

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