Criminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is Pending: Supreme Court

The Supreme Court observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.

In this case, the husband filed an application for divorce on the ground that the wife is suffering from the disease AIDS. The wife, thereafter, lodged FIR alleging that husband was demanding luxury car by way of dowry. The Allahabad High Court quashed the criminal proceedings observing that the complaint lodged against the husband demand of dowry is inherently improbable and that it falls in the category of a bogus prosecution.

In appeal filed by the wife, the Apex Court noted that at the time when the High Court passed this order, he charge sheet was already filed against the accused having found the prima facie case against the accused.

"Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to be bogus proceedings. Therefore, the reasoning given by the High Court while quashing the criminal proceedings are not germane.", the bench of Justices M R Shah and C T Ravikumar observed.

The court further noted that the High Court while quashing the criminal proceedings in exercise of powers under Section 482 CrPC has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C.

Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the High Court quashing the criminal proceedings is unsustainable.", the bench observed while setting aside the High Court order.

Case details

X vs State of Uttar Pradesh | 2023 LiveLaw (SC) 26 | CrA 25 OF 2023 | 4 Jan 2023 | Justices M R Shah and C T Ravikumar

For Appellant(s) Mr. Avinash Sharma, AOR

For Respondent(s) Ms. Srishti Singh, AOR Mr. Abhishek Rai, Adv. Mr. Pratap Shanker, Adv. Mr. Gyanant Singh, Adv. Mr. Sarthak Shanker, Adv. Mr. Kunal Kohli, Adv. Mr. Swetank Shantanu, AOR

Headnotes

Code of Criminal Procedure, 1973 ; Section 482 CrPC - Appeal against High Court order that quashed criminal proceedings observing that that the complaint lodged against the husband demand of dowry is inherently improbable and that it falls in the category of a bogus prosecution - Allowed - Merely because the wife was suffering from the disease AIDS and/or divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly/inherently improbable - Once the charge sheet was filed after the investigation having been found prima facie case, it cannot be said that the prosecution was bogus.

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