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HC Can’t Refuse Quashing of Proceedings Merely on the Ground That Trial has Already Begun

The Supreme Court in THESIMA BEGAM vs  THE STATE OF TAMIL NADU, set aside a Madras High Court order that refused to entertain a plea seeking quashing of charge sheet on the ground that the trial has already begun and prosecution witness has been examined.

A lady, in a complaint against husband and relatives alleging demand of dowry, had implicated her sister-in-law and her husband. The charge sheet against her sister-in-law and her husband was sought to be quashed on the ground that that the de-facto complainant herself stated in her statement that she had implicated the appellants herein out of anger and as far as they are concerned, they had no role in the family dispute and they were not party in making any demand of dowry.

The Madurai bench of the high court dismissed the plea observing that it ‘will not interfere, when the trial in the case has commenced.’

 Article referred:http://www.livelaw.in/hc-cant-refuse-quashing-proceedings-merely-ground-trial-already-begun-sc-read-order/

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