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2015 (3) TMI 1240 - SC - Indian LawsCriminal proceedings against the accused - quashing of proceedings before the trial by HC - the appellant submitted that it was the conduct of the accused on account of their not being satisfied with the dowry given and the inability of the appellant’s family to meet such demands that the appellant was forced to leave the matrimonial home - Held that:- From reading of the complaint, it cannot be held that even if the allegations are taken as proved no case is made out. There are allegations against Respondent No.2 and his parents for harassing the complainant which forced her to leave the matrimonial home. Even now she continues to be separated from the matrimonial home as she apprehends lack of security and safety and proper environment in the matrimonial home. The question whether the appellant has infact been harassed and treated with cruelty is a matter of trial but at this stage, it cannot be said that no case is made out. Thus, quashing of proceedings before the trial is not permissible. The decisions referred to in the judgment of the High Court are distinguishable. The said cases neither purport to nor can be read as laying down any inflexible rule beyond the principles of quashing which have been mentioned above and applied to the facts of the cases therein which are distinguishable. In the present case the factual matrix is different from the said cases. Applying the settled principles, it cannot be held that there is no triable case against the accused. HC order set aside.
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