LAW FOR ALL

Sec.182 IPC - wife filed complaint against in-laws - ended in compromise - Husband gave a complaint against wife alleging she filed a false case and register a case under sec.182 - police register the case - sanction was also given - challenged - High court dismissed the petition - Apex court held that To make out a case u/s 182 IPC, the following ingredients are to be proved: (i) An information was given by a person to a public servant. (ii) The information was given by a person who knows or believes such statement to be false. (iii)Such information was given with an intention to cause or knowing it to be likely to cause (a) such public servant to do not to do anything if the true state of facts respecting which such information is given were known by him, or (b) to use the lawful power of such public servant to the injury or annoyance of any person, In the present case, the investigating agency has failed to show that the appellant has given information which she was knowing and believing to be false. In the investigation report it has not been reported that the appellant was knowing that the information given is false but still gave the information to harass the respondent No.3. Respondent Nos.1 and 2 having failed to make out a case u/s 182 IPC, we are of the opinion that it was a fit case to quash the proceedings u/s 182 IPC. The High Court failed to notice the relevant facts and mechanically dismissed the application u/s 482 Cr.PC.= SANTOSH BAKSHI … APPELLANT VERSUS STATE OF PUNJAB & ORS. … RESPONDENTS = 2014 – June. Part -http://judis.nic.in/supremecourt/filename=41712