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of <h1>SC Reinstates Criminal Proceedings, Stresses Limited Use of Section 482 Cr.P.C. to Prevent Process Abuse</h1> <h3>Renu Kumari Versus Sanjay Kumar and Ors.</h3> The SC set aside the impugned order quashing criminal proceedings under Section 482 Cr.P.C., allowing the appeal without costs. The court found the ... - Issues involved:Challenge to judgment quashing criminal proceedings u/s 482 Cr.P.C.Background:- Appellant married respondent No. 3 and alleged harassment for dowry.- FIR registered for offenses u/s 498A IPC and Dowry Prohibition Act.- Various complaints and legal actions ensued.- Maintenance granted to appellant in matrimonial suit.- Dispute over maintenance led to filing of discharge application u/s 239 Cr.P.C.- Sessions Judge and High Court dismissed revision and accepted petition u/s 482 Cr.P.C.Judgment Analysis:- Learned Single Judge quashed proceedings citing malicious intent and private grudge.- Appellant argued that parameters of u/s 482 Cr.P.C. not considered.- Highlighted dismissal of matrimonial suit before High Court judgment.- Emphasized that u/s 482 Cr.P.C. is an exception, not the rule, and must prevent abuse of process.- Quoting R.P. Kapur v. State of Punjab, outlined categories for quashing proceedings.- Cautioned against misuse of power to stifle legitimate prosecution.- Reiterated that mala fides of informant are secondary to evidence collected during investigation.- Cited precedents to support the position of law.Conclusion:- Impugned order deemed indefensible and set aside.- Appeal allowed without costs.
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