No Prosecution Can Be Instituted For Offences Under Dowry Prohibition Act Without Prior Sanction Of District Magistrate: P&H High Court
|The Punjab and Haryana High Court has held that no prosecution can be instituted in respect of any offence under the Dowry Prohibition Act, 1961(‘Act’) against any person without the prior sanction of the District Magistrate.
The Court noted that under Section 8-A of the Act which applies to the State, the previous sanction of the District Magistrate is required.
The Bench of Justice Jasjit Singh Bedi held, “A perusal of Section 8-A of the Dowry Prohibition Act, 1961 as applicable to the State of Punjab along with the various judgments of the Hon’ble Supreme Court and this Court would go to show that no prosecution can be instituted against any person in respect of any offence committed under the Act without the previous sanction of the District Magistrate.”
Advocate Kanwal Goyal appeared for the Petitioner whereas AAG Prabhdeep Singh Dhaliwal and Amicus Curiae Aarav Gupta appeared for the Respondents.
A petition was filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the FIR registered under Section 4 of the Act.
The brief facts of the case are that the Complainant registered the FIR alleging that he fixed the marriage of his daughter with the Petitioner. It was alleged that the Petitioner demanded Rs 25 lacs as dowry as a condition precedent for the marriage.
The Counsel for the Petitioner submitted that under Section 8-A of the Act which applies to the State, the previous sanction of the District Magistrate is mandatory before registration of the FIR.
The Court held, “As in the instant case, the FIR has been registered without any prior sanction of the concerned officer, it is apparent that there is an express legal bar engrafted in provisions of the Act to the institution and continuation of proceedings.”
The Court relied on the judgments of the Apex Court in State, CBI versus Sashi Balasubramanian & Anr (2007), State of Haryana versus Ch. Bhajan Lal (1992) and various others that have held that the proceedings are liable to be quashed if there is no prior sanction under Section 8-A of the Act as applicable to the State of Punjab obtained from the District Magistrate.
Accordingly, the Court allowed the Petition and quashed the concerned FIR.
Cause Title: Kamaljeet Singh and Ors v. State of Punjab and Anr. (Neutral Citation: 2024:PHHC:110631)
Appearances:
Petitioners: Advocate Kanwal Goyal
Respondents: AAG Prabhdeep Singh Dhaliwal and Amicus Curiae Aarav Gupta