Case BriefsHigh Courts

Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceedings against relatives of a man accused of torturing his wife and demanding dowry from her, holding that allegations against them were of general nature and as such, allowing proceedings against them to continue would amount to abusing the process of the Court.

The instant proceedings arose under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of a complaint case whereunder cognizance was taken against petitioner/husband under Section 498-A of the Penal Code, 1860 for demanding dowry and torture. Primary argument advanced on behalf of the opposite party 2/ wife was that her husband had remarried and was staying with two other wives at Mumbai and that he was refusing to accept her and her two sons without payment of Rs. 5 lakhs for purchase of a kholi.

Learned counsel for the petitioners Mr Uday Kumar submitted that they were the husband’s brothers and his sisters-in-law, who had nothing to do with the matrimonial discord between the parties. It was submitted that they had no objection if opposite party no. 2 and her two sons reside in the matrimonial/ancestral home of the husband.

The Court took note of judgment in Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667, where it was held that allegations against husband’s relatives must be scrutinized with great care and circumspection. It was observed that allegations against petitioners were general and omnibus in nature. Admittedly, the main grievance of the wife was against the husband.

It was opined that since the petitioners had taken a categorical stand to give sufficient place/space to the opposite party  2, as per share of her husband, in the ancestral/ matrimonial home, therefore letting the criminal proceeding against them to continue would be an abuse of the process of the Court. Accordingly, the application was allowed.[Bablu Khan v. State of Bihar, 2019 SCC OnLine Pat 386, decided on 27-03-2019]

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Jharkhand High Court: This criminal appeal was filed before the Bench of Ratnaker Bhengra, J., against the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Fast Track Court.

The appellants were convicted under Sections 304-B/120-B and under Section 498-A of Penal Code and sentenced to undergo RI of 7 years and RI of 3 years with a fine of Rs. 2000. Both the sentences were to run concurrently. Accused were alleged with torturing one Dipak Devi for dowry who was murdered on non-fulfillment of their dowry demand. FIR was registered and charge sheet was filed. Appellant contended that the deceased committed suicide which was not accepted by the Trial Court. Trial was held and concluded with the aforementioned conviction and sentence. Hence, this appeal was filed. It was found through the post mortem report that the death occurred due to asphyxia as a result of strangulation. It also stated that the deceased body was hanging from the roof and her feet were touching the ground suggesting that she was first killed and then her suicide was staged by the appellant.

High Court found that there was a history of serious cruelty on the deceased and the fact that her feet were touching ground show that she was killed and her suicide was faked by the appellants. Therefore, the conviction and sentence of the accused was sustained. [Surendra Mishra v. State of Jharkhand, 2019 SCC OnLine Jhar 159, dated 22-02-2019]

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Orissa High Court: The Bench of Akshaya Kumar Mishra, J. acquitted the accused by setting aside the order of the Sessions Court since the allegation of dowry or violence were not proven and were vague.

The facts of the case are that the deceased had married the petitioner in 1997 and after a few days he started demanding for cash, T.V., cycle and for the inability to give those articles, the deceased returned to her father’s house and lodged written FIR. Based upon the testimony of the victim, the demand was found to have been proved. A concurrent verdict was passed in 1999 by the Addl. Sessions Judge dismissing the appeal against the judgment given in 1998 passed by the SDJM. However, the deceased had filed an affidavit in pursuance of the order stating that she was staying with her husband and both of them was blessed with two female children. In today’s date, the children are well settled and are living with their father peacefully.

The Court while setting aside the order passed by the Addl. Sessions Judge, held that there was no clinching evidence to hold the accused persons guilty for the reason that the allegation of torture was not specific and demand of dowry was not commensurate to the common man life. [Raibu v. State Of Orissa, 2019 SCC OnLine Ori 28, Order dated 24-01-2019]