On January 4, a Supreme Court division bench led by Justices M R Shah and C T Ravikumar ruled that criminal proceedings for dowry demand cannot be quashed simply because a divorce petition is pending. The Supreme Court noted that at the time the High Court issued this order, his charge sheet had already been filed against the accused, indicating that the prima facie case against the accused had been established.

"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 bench observed.

The court further noted that the High Court while quashing the criminal proceedings in the exercise of powers under Section 482 CrPC has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C.

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 bench observed while setting aside the High Court order.

Case Title: X vs State of Uttar Pradesh 
Citation: Cr.A. 25 OF 2023 

Link: https://main.sci.gov.in/supremecourt/2019/33152/33152_2019_4_19_40713_Order_04-Jan-2023.pdf