Merely Because Divorce Petition Is Pending, It Cannot Be Said That Allegations Of Dowry Demand Were Highly Improbable: SC

The Supreme Court while dealing with an appeal observed that merely because the wife was suffering from AIDS disease or the divorce petition was pending, it cannot be said that the allegations of demand of dowry were highly improbable.

The two-Judge Bench comprising Justice M.R. Shah and Justice C.T. Ravikumar ordered, “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 and the High Court while quashing the criminal proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has seriously erred and exceeded in its jurisdiction under Section 482 Cr.P.C.”

It was noted by the Bench that the Allahabad High Court quashed the criminal proceedings by observing that as the original complainant/wife was suffering from the disease AIDS and that a divorce petition was also stated to be pending between the parties, the allegations of demand of dowry are inherently improbable.

Advocate Avinash Sharma appeared for the appellant while Advocate Srishti Singh appeared for the respondents.

In this case, the appellant was aggrieved and dissatisfied with the judgment and order passed by the High Court. The High Court in this matter had allowed the application preferred by the accused i.e., the respondents, and quashed the criminal proceedings for the offences under Section 498-A/506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 196.

The appellant had therefore approached the Apex Court by filing an appeal. The Court in this context observed, “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 Supreme Court further restored the criminal proceedings against the respondents/accused.

Accordingly, the Court allowed the appeal and set aside the impugned judgment of the High Court.

Cause Title- Sunita Kumari @ Gudiya v. The State of Uttar Pradesh & Ors.

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