Complaint u/S 498A of IPC Filed by Victim’s Father is Maintainable- Supreme Court

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May 01, 2019

Case name: Rashmi Chopra v. State of Uttar Pradesh & anr.

In the present case, the Supreme Court was hearing appeals against High Court of Allahabad’s order, whereby the Court had refused to quash complaint proceedings under Section 482 Code of Criminal Procedure. The complaint had been lodged against the appellant under Section 498A of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act. One of the issue that was raised in the case was that the complaint was not filed by the victim but her father and hence was not maintainable.

However, the Supreme Court dismissed the aforesaid contention and noted that even though the victim under Section 498A of IPC was not in India at the time when statements were recorded in complaint of complainant, it was still maintainable. Thus, the Apex Court allowed the complaint even if filed by victim’s father.

The Supreme Court however dismissed the complaint under Section 498A of IPC in view of general and sweeping allegations made in the complaint.

The entire case can be accessed here.

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