CRIMINAL APPEAL NO. 5423 OF 2024 ETC.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 5423 OF 2024 (@ SLP (CRL.) NO. 11927 OF 2022)
POONAM MISHRA & ORS. APPELLANTS
VERSUS
THE STATE OF UTTAR PRADESH & ANR. RESPONDENTS
WITH
CRIMINAL APPEAL NO. 5424 OF 2024 (@ SLP(CRL) NO. 12132 OF 2022)
O R D E R
1. Leave granted.
2. The appellants were charged for offences punishable under Sections 498A,
323, 504, 506 of the Indian Penal Code and under Sections 3 and 4 of the
Protection of Women from Domestic Violence Act, 2005.
3. The quashing petition as well as the discharge petition filed by the appellants
were dismissed and therefore, they have approached this Court by means of the
present appeals.
4. Admittedly, the informant/complainant respondent No.2-Ms. Pinki Tiwari has
died long back. The mother of the deceased respondent No.2-Ms. Pinki Tiwari
who was impleaded but shown as representing the deceased respondent No2, has
not chosen to put in appearance.
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CRIMINAL APPEAL NO. 5423 OF 2024 ETC.
5. In view of the aforesaid facts and circumstances, as no one is there to
prosecute the proceedings, the charges are not likely to be proved against the
appellants. Therefore, in the facts and circumstances and that the First
Information Report is dated 10.07.2004, there is no purpose in flogging a dead
horse but to close the proceedings.
6. Accordingly, the ...