The apex court in Veena Mittal vs State of Uttar Pradesh held that under section 482 of CRPC to quash FIR its necessary that there is no offence made out on reading the allegation.
The complainant alleged that her daughter gave her stridhan on direction of mother in law and brother in law to them. Its consist of 5kg silver utensils, 400g gold jewellery, utensils of price 1 lakh and others.
The Allahabad high court heard the petition for quashing the FIR filed by the complainant. After hearing the plea the court held that there is no allegation made out in FIR against accused.
The bench of Justice DY Chandrachud and Justice Dinesh Maheshwari observed the decision of Allahabad high court and held that the in complaint the allegation is made against accused and the high court is in error by not taking notice of the FIR correctly.