As there are no specific allegations on family members other than husband, the proceedings under 489A are quashed in this Karnataka High Court judgment.
As there are no specific allegations on family members other than husband, the proceedings under 489A are quashed in this Karnataka High Court judgment.
Here is the Judgment that emphasizes on Jurisdiction applicable to a case.
Operative Text of Judgement:
“It is settled law that cause of action consists of bundle of facts, which give cause to enforce the legal inquiry for redress in a court of law. In other words, it is a bundle of facts, which taken with the law applicable to them, gives the allegedly affected party a right to claim relief against the opponent. It must include some act done by the latter since in the absence of such an act no cause of action would possibly accrue or would arise.”
Here is a list the Supreme Court of India judgments applicable to various legal grounds to go for Discharge u/s 227 or 239 or 245 and Quash u/s 482.
Included few High Court judgments too for reference. Read the individual judgments to find the operative text of the respective judgments.
There are quite a few legal grounds on the basis of which a case can be discharged at Magistrate/Sessions Court or Quashed (High Court and Supreme Court).
Note1: Read State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004 to understand that during Quash proceedings at High Court, Evidence of Sterling/Unimpeachable Quality from Defence/Accused can be adduced to dismantle the case of Prosecution at Trial Court.)
Note2: Second 482 CrPC petition is maintainable as per Landmark judgment in ‘Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors on 08 Oct 1974‘.
Note3: A Petition under section 482 CrPC is maintainable even when a Revision is available under 397/401 CrPC says, ‘Dhariwal Tobaco Products Ltd and Ors Vs State of Maharashtra and Anr on 17 Dec 2008‘. This view is re-affirmed by a 3-Judge bench of Supreme Court in, Prabhu Chawla Vs State of Rajasthan and Anr on 05 Sep 2016.
Note4: Read recent landmark decision of a Full bench of the Apex Court on when to/not to Quash a FIR/case in ‘Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors‘ [2021 SCC ONLINE SC 315]
Note4: In recent landmark judgment Pradeep Kumar Kesarwani Vs State of Uttar Pradesh and Anr on 02 Sep 2025, Supreme Court issued 4-steps test/procedure to be followed by High Courts, in alleged False Rape cases.
Note: If you want to read this thread from beginning, go here.
No Jurisdiction Judgments
Vague and General and omnibus Allegations
Allegations do not attract provisions of Sections in FIR
Maliciously Instituted/ Counterblast cases/ Delay Not explained Cases
Material evidence required that supports allegations
Approaching Court with unclean hands
498A IPC not maintainable due to null and void marriage/Earlier Divorce
Discharge Judgments u/s 227 Cr.P.C.
Discharge Judgments u/s 239 Cr.P.C.
MASTER SITEMAP here.
Bad Behavior has blocked 548 access attempts in the last 7 days.