When prosecution against relatives of Husband can be quashed under Dowry prohibition Act?
Giving of dowry and the traditional presents at or about
the time of wedding does not in any way raise a presumption that
such a property was thereby entrusted and put under the dominion
of the parents-in-law of the bride or other close relations so as to
attract ingredients of Section 6 of the Dowry Prohibition Act. As
noticed earlier, after marriage, Syamala Rani and first appellant
were living in Bangalore at their matrimonial house. In respect of
‘stridhana articles’ given to the bride, one has to take into
consideration the common practice that these articles are sent
along with the bride to her matrimonial house. It is a matter of
common knowledge that these articles are kept by the woman in
connection with whose marriage it was given and used by her in
her matrimonial house when the appellants 2 to 6 have been
residing separately in Vizianagaram, it cannot be said that the
dowry was given to them and that they were duty bound to return
the same to Syamala Rani. Facts and circumstances of the case
and also the uncontroverted allegations made in the complaint do
not constitute an offence under Section 6 of the Dowry Prohibition
Act against appellants 2 to 6 and there is no sufficient ground for
the time of wedding does not in any way raise a presumption that
such a property was thereby entrusted and put under the dominion
of the parents-in-law of the bride or other close relations so as to
attract ingredients of Section 6 of the Dowry Prohibition Act. As
noticed earlier, after marriage, Syamala Rani and first appellant
were living in Bangalore at their matrimonial house. In respect of
‘stridhana articles’ given to the bride, one has to take into
consideration the common practice that these articles are sent
along with the bride to her matrimonial house. It is a matter of
common knowledge that these articles are kept by the woman in
connection with whose marriage it was given and used by her in
her matrimonial house when the appellants 2 to 6 have been
residing separately in Vizianagaram, it cannot be said that the
dowry was given to them and that they were duty bound to return
the same to Syamala Rani. Facts and circumstances of the case
and also the uncontroverted allegations made in the complaint do
not constitute an offence under Section 6 of the Dowry Prohibition
Act against appellants 2 to 6 and there is no sufficient ground for
proceeding against the appellants 2 to 6. Be it noted that
appellants 2 to 6 are also facing criminal prosecution for the
offence under Sections 498A, 304B IPC and under Sections 3 and 4
of the Dowry Prohibition Act. Even though the criminal proceeding
under Section 6 of the Dowry Prohibition Act is independent of the
criminal prosecution under Sections 3 and 4 of Dowry Prohibition
Act, in the absence of specific allegations of entrustment of the
dowry amount and articles to appellants 2 to 6, in our view,
continuation of the criminal proceeding against appellants 2 to 6 is
appellants 2 to 6 are also facing criminal prosecution for the
offence under Sections 498A, 304B IPC and under Sections 3 and 4
of the Dowry Prohibition Act. Even though the criminal proceeding
under Section 6 of the Dowry Prohibition Act is independent of the
criminal prosecution under Sections 3 and 4 of Dowry Prohibition
Act, in the absence of specific allegations of entrustment of the
dowry amount and articles to appellants 2 to 6, in our view,
continuation of the criminal proceeding against appellants 2 to 6 is
not just and proper and the same is liable to be quashed.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 45 OF 2016
(Arising out of SLP (Crl.) No. 9344 of 2014)
BOBBILI RAMAKRISHNA RAJU YADAV & ORS.
Versus
STATE OF ANDHRA PRADESH REP.
Dated;January 19, 2016
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 45 OF 2016
(Arising out of SLP (Crl.) No. 9344 of 2014)
BOBBILI RAMAKRISHNA RAJU YADAV & ORS.
Versus
STATE OF ANDHRA PRADESH REP.
Dated;January 19, 2016
