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Dr. Jagdish Prasad & Ors. v. State of Uttar Pradesh & Anr.

Criminal Appeal · 2018 INSC 1135Decided 3 Dec 2018
Criminal Appeal No. 1542 of 2018
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

This order sends the case back; it does not decide the dispute. The appellants asked the Allahabad High Court to quash criminal proceedings arising from a matrimonial complaint. The High Court dismissed the application by reciting general principles, without setting out the facts.

Decision Breakdown

This is not a final decision on the dispute. The Court held this was not a proper disposal. It set aside the order and sent the application back to the High Court to be decided on merits, without going into the merits itself.

Lesson Learnt

A court refusing to quash proceedings must deal with the facts of the case.

Official source (sci.gov.in)View Judgment (PDF)

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