1989 (11) TMI 327

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....nghi and A. Sharan, Advs JUDGMENT M. Fathima Beevi, J. 1. Special Leave granted. 2. The appellant married the first respondent on 29-4-1979. They lived together until 1982 and have two children. They separated and the legal battle commenced in 1983. The first respondent moved the City Civil Court for divorce. The appellant instituted criminal complaint in the Court of the Metropolitan ....

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....es not disclose any offence or is frivolous, or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance is taken by the Magistrate it is open to the High Court to quash the same in exercise of the inherent powers under Section 482. It is not, however, necessary that there should be a meticulous analysis of the case, before the trial to find out whe....

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.... the probabilities in order to determine whether a conviction would be sustainable and on such premises arrived at a conclusion that the proceedings are to be quashed against all the respondents. The High Court was clearly in error in assessing the material before it and concluding that the complaint cannot be proceeded with. We find there are specific allegations in the complaint disclosing the i....