Priyanka Jaiswal vs State Of Jharkhand 2024 INSC 357 – S 498A IPC – S 482 CrPC

Code Of Criminal Procedure, 1973; Section 482- At the time of examining the prayer for quashing of the criminal proceedings, the court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case. The correctness or otherwise of the allegations made in the complaint cannot be examined on the touchstone of the probable defence that the accused may raise to stave off the prosecution and any such misadventure by the Courts resulting in proceedings being quashed would be set aside. (Para 13)

Indian Penal Code, 1860; Section 498A- When a plain reading of the complaint would clearly indicate that the complainant having been driven out of her matrimonial home had been residing at her father’s residence namely paternal home i.e. Jamshedpur- the appellant having been driven out of her matrimonial home continued to reside at her parental home and as such the court at Jamshedpur had jurisdiction.- Referred to Rupali Devi V. State of Uttar Pradesh & Ors., (2019) 5 SCC 384 (Para 17)

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