Demand Of Dowry Is Punishable; But Mere Taunting For Giving Less Gifts Is Not A Penal Offence: Allahabad HC
The Allahabad High Court observed that though the demand of dowry is a punishable offence, the taunting for giving less gifts by itself is not a penal offence.
The Court was hearing an application under Section 482 Cr.P.C for quashing the entire proceedings of the Criminal Case under Sections 498A, 323, 506 IPC and Section 3/4 of the Dowry Prohibition Act, 1961.
The bench of Justice Vikram D. Chauhan observed, “…The law contemplates demand of dowry as punishable, however, the taunting for giving less gifts by itself is not a penal offence.”
Brief Facts-
In the present case, applicants were charged under sections 498A, 323, 506 IPC, and sections 3/4 of the Dowry Prohibition Act. Allegedly, after the informant's marriage to the accused whose application under the present petition was rejected harassment ensued due to insufficient dowry. The accused demanded a car and assaulted the informant. Despite conciliation attempts, the accused refused to reconcile. The investigating officer submitted the charge.
The Court observed, “The law contemplates a woman to cruelty by the husband or relative of the husband where the demands are unlawful for any property or valuable security and the woman is harassed in respect of the same. The demand for property or valuable security is required to be unlawful. The demand would be unlawful where the same is prohibited by law or the law punishes the aforesaid demand. The demand for dowry is prohibited under the law and is also a punishable offence. The demand of an amount or thing by the husband or the relative of the husband is required to be unlawful.”
“Where the demand has been made by the husband or his relative after marriage, however, not in connection with the marriage of the parties the same may not amount to dowry in accordance with the definition of Dowry under Section 2 of Dowry Prohibition Act. However, where any demand for property or valuable security is made before or any time after marriage in connection with the marriage of the parties, the same would come within the mischief of section 498A IPC.”, the Court further observed.
The Court noted that the words in connection with the marriage of the parties have significance in that the demand for dowry is made by parties to the marriage.
The Court further noted that there are allegations against the accused person for physical assault, however, neither the date of assault nor the role of each accused person is stated.
The Court said the fact that allegations in the present case are vague and lack specification, the criminal proceedings against applicants are absurd and improbable that no prudent mind can conclude proceeding against applicants given the vague allegations.
Finally, the Court quashed the chargesheet and set aside the criminal case against the applicants.
Cause Title: Shabban Khan v. State of U.P. (Neutral Citation: 2024:AHC:83761)
Appearance:
Appellant: Adv. Mukhtar Alam and Adv. Saquib Mukhtar
Respondent: Adv. Pankaj Satsangi
