A newly married female filed a complaint in a court against her in-laws for cruelty but the criminal…
Where a criminal complaint is instituted maliciously and without reasonable and probable cause and terminates in favour of the accused (including by being quashed as…
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A newly married female filed a complaint in a court against her in-laws for cruelty but the criminal proceedings are quashed at the cognizance stage on the ground that they are frivolous. In this case, which one of the following statements is correct?
Answer and explanation
Correct answer D
Where a criminal complaint is instituted maliciously and without reasonable and probable cause and terminates in favour of the accused (including by being quashed as frivolous after judicial process was set in motion), 'her in-laws can bring an action against her for malicious prosecution.' Once the proceedings are quashed, anticipatory bail is unnecessary and a fresh complaint on the same facts is ordinarily not maintainable.
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