VidhiSangh

Supreme Court of India · 28/11/2023

ABHISHEK SAXENA versus THE STATE OF UTTAR PRADESH & ANR

[2023] 16 S.C.R. 1126 · 2023 INSC 1088

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Summary

The Supreme Court quashed the prosecution against the appellant husband because the chargesheet lacked the ingredients of voluntarily causing hurt, extortion and criminal breach of trust. On this record the assault allegation was unsupported, and the necessary inducement, delivery, entrustment and dishonest dealing were absent. Relief was confined to the appellant.

Issues

  1. Whether the chargesheet disclosed the ingredients of Sections 323, 384 and 406 IPC against the appellant.
  2. Whether the High Court should have exercised Section 482 CrPC to quash the proceedings.

Provisions considered

Held

Result

Appeal allowed. High Court order set aside qua the appellant. FIR No. 839 of 2016, chargesheet under Sections 323, 384 and 406 IPC, and summoning order dated 19 September 2017 quashed qua the appellant. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 1126.