The Allahabad High Court has quashed the criminal proceedings against two accused in a dowry harassment case.
A Single Bench of Justice Umesh Chandra Sharma passed this order while hearing an application under Section 482 filed by Janki Sharan Trivedi @ Aman and 7 others.
The application under Section 482 Cr.PC has been moved to quash the proceeding of Case under Section 420 IPC and Section 3/4 D.P Act, Police Station Kotwali Mahoba, District Mahoba pending in the Court of Chief Judicial Magistrate, Mahoba and also to quash non-bailable warrant issued against the applicants.
The facts of the case are that opposite party no 2 lodged an F.I.R on 16.07.2008 against the applicants that marriage of Kumari Anjana niece of opposite party no 2 had been fixed with applicant no 1, ring ceremony etc were performed and date of marriage was fixed to solemnise marriage on 08.07.2008, but the applicants refused to perform the marriage for want of demand of dowry.
The applicants never demanded the dowry. The F.I.R was the result of malice. The F.I.R was challenged in the High Court through Criminal Misc Writ Petition and the arrest of the applicants had been stayed vide order dated 14.08.2008 and vide order dated 20.08.2008.
During the course of investigation the investigating officer (I.0) recorded statement of informant Narendra Kumar Mishra and statements of hearsay witnesses Smt Gauri Dulhaina (mother of informant) and Sushila Devi (wife of the informant) and also of one Deoki Nandan and other family members of the informant. All the witnesses have supported the prosecution story and after recording evidence, the I.O submitted charge-sheet under Section 420 I.P.C and Section 3/4 D.P Act.
The concerned Magistrate took cognizance without passing detailed and reasoned order on 21.09.2008. Pursuant to the charge-sheet, process have been issued, neither any summon nor any notice has been served upon applicants. Later on, bailable warrant has been issued in February, 2019.
Being aggrieved with false prosecution by opposite party no 2 and submission of charge-sheet, applicant no 1 moved an application to D.G.P (Complaint), Government of U.P and prayed for fair investigation, in which he also mentioned the criminal history of opposite party no 2 and his family.
The Court observed that,
From perusal of entire evidences it shows that applicants have not committed any cheating/fraud. Therefore, no offence under Section 420 I.PC is made out against them the Applicant Kamla Kant is villager, applicant Uma Kant is maternal uncle and applicant Neeraj is cousin, son of aunt (mausi) of applicant no 1, thus they are not the family members of applicant no 1, therefore, no offence under the D.P Act is made out against them.
Dowry means “a demand made by parents of either party to a marriage by any other person, to either party to marriage or to any other person at or before or after marriage as consideration of marriage of said parties”.
In this case opposite party no 2 has implicated the entire family, villagers and other relatives of Janaki Sharan, thus the allegations contained in the F.I.R do not come within the purview of Section 3/4 D.P Act, 1961.
Considering the aforesaid facts and circumstances of the case, it is quite clear that no prima facie offence either under Section 420 I.P.C or under Section 3/4 D.P Act is made out. No useful purpose would be served to continue with trial on the basis of material available in the charge-sheet.
The applicants are innocent, committed no offence and F.I.R is the result of malice of opposite party no 2, and the prosecution is void ab initio, hence the application be allowed and the entire proceedings of the impugned criminal case be quashed.
“On the basis of above discussion, the Court is of the view that the impugned criminal proceedings against applicant nos 4 and 5 is nothing but misuse and abuse of legal process and to secure the ends of justice, it is mandatory to exercise the inherent power of the Court under Section 482 CrPC and to quash the entire criminal proceedings with regard to applicant nos 4 and 5, Puja and Meenu”, the Court further observed while allowing the application.