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2011 (7) TMI 1024 - SC - Indian LawsWhether the said finding recorded by the High Court can and should be set aside in the present appeal which is filed by the husband? Whether proceedings initiated by the respondent no. 2 for commission of offence punishable under Section 498A of IPC should be quashed or not? Held that:- When an apparent irregularity is found by this Court in the order passed by the High Court, the Supreme Court cannot ignore substantive rights of a litigant while dealing with the cause pending before it. There is no reason why the relief cannot be and should not be appropriately moulded while disposing of an appeal arising by grant of special leave under Article 136 of the Constitution. Therefore, that part of the impugned judgment by which the complaint filed by the respondent no. 2 under Section 498A of the Indian Penal code is quashed by the High Court will have to be set aside while disposing the appeal filed by the appellant.For the foregoing reasons, the appeal filed by the appellant fails and therefore the same is hereby dismissed.The impugned Judgment quashing the complaint filed by the respondent no. 2 for alleged commission of offence by the appellant under Section 498A IPC, is hereby set aside and the complaint lodged by the respondent no. 2 under Section 498A of the Indian Penal Code as well as charge sheet submitted by the Investigating Officer for the same shall stand restored/revived. Subject to above mentioned direction the appeal stands disposed of.
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