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news details
SC entertains SLP against J&K HC order of quashing of dowry case
9/13/2017 10:28:13 PM
Early Times Report
Jammu, Sept 13: Supreme Court of India bench comprising of Justice J. Chelameshwar and Justice S. Abdul Nazeer entertained an SLP and issued notice in the SLP against J&K HC judgment passed wherein J&K High Court had quashed 498 A complaint of girl/wife namely Pallavi Sharma.
It may be mentioned that J&K High Court had allowed the quashing of petition of Ram Nath Sharma, Siddarth Sharma and others who had challenged the charge order, chargesheet and FIR under section 498 A and the High Court had quashed all the proceedings against the husband, father in law, mother in law and others.
This order of the J&K High Court was challenged by the wife Pallavi Sharma before the Supreme Court of India and the Apex Court entertained the SLP against the order of the High Court of J&K and issued notice after hearing Advocate Aseem Sawhney with Vinay Raina and Dharendra Kumar Sinha AoR for petitioner - girl/wife and Sr Adv Meenakshi Arora with P D Sharma AoR for caveator for husband, his family.
On request of Sr Adv Ms Arora the Court referred the matter for mediation and directed the husband to bear air travel expenses with lodging etc with one person accompanying her for mediation in Supreme Court.
The Cognizance of the SLP is significant as the JK High Court had laid the law while dismissing the challan and FIR of 498 A RPC that it is a counterblast to divorce petition and also was delayed.
Adv Aseem Sawhney submitted that a girl never goes to the Police Station as a knee jerk reaction and waits for the reconciliation and that's what the petitioner did. Further he submitted that the impugned judgment of HC was paradoxical as on the same day it held in another case of the parties that domestic violence was prima facie committed while dismissing 561 petition against DV Act case but in the impugned judgment gave ironical findings and quashed the challan and FIR under 498 A RPC. On hearing the submissions of Adv Sawhney and also hearing Sr Adv Ms Arora who rebutted the arguments of petitioner; the Supreme Court was convinced to entertain the SLP and issue notice.
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