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Supreme Court of India 2018-07-20 dismissed

Nayan Prasad & Ors vs State of Bihar & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant in-laws sought to quash a criminal complaint filed by the deceased husband's wife under IPC sections 498A, 323, 406, 379, and 504, citing lack of territorial jurisdiction. Both the Magistrate and High Court rejected their discharge and quashing petitions. The Supreme Court upheld both rejections, holding that the proper remedy for accused persons is to contest the complaint on merits before the Magistrate, not to seek quashing on technical grounds. The Court directed the trial court to decide the case on merits within six months.

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Criminal Procedure Discharge Petition Territorial Jurisdiction Section 482 CrPC Domestic Violence Criminal Complaint

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