SC cautions HCs on quashing dowry cases

The Supreme Court has asked High Courts to quash criminal proceedings against accused in dowry cases only under exceptional circumstances otherwise it may amount to injustice to women who are complainants in these matters. "The court must be careful to see that its decision, in exercise of this power, is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution," a three-judge bench of Justices Arijit Pasayat, C K Thakker and L S Panta observed. "The high court being the highest court of a state should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the court," the apex court said. The apex court passed the observation while upholding the appeal filed by a woman Renu Kumari challenging the order of a single judge of the Patna High Court to quash the dowry case against her estranged husband and in-laws. The High Court quashed the case against her husband Rajesh Kumar and others by invoking Section 482 of the CrPC which empowered the court to quash the case against an accused. The reason cited by the High Court was that Kumari's complaint was made with a malafide intention against the accused. Upholding the aggrieved woman's plea, the apex court observed "Exercise of power under Section 482 CrPC in a case of this nature is the exception and not the rule."

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