Divorce plea can’t quash dowry case, says Supreme Court
3 min readExpress News Service
NEW DELHI: The Supreme Court has lately noticed that allegations of dowry demand can’t be known as as extremely unbelievable if the spouse is affected by AIDS or the divorce proceedings are pending.“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,” a bench of Justices MR Shah and CT Ravikumar has noticed.
The court docket’s order was handed in a plea difficult Allahabad HC’s May 9, 2019 ruling by which the court docket had quashed the felony proceedings for part 498A/506 of IPC and sections 3/4 of the Dowry Prohibition Act, 1961. The reduction was granted by the HC to the husband after contemplating that the allegations of demand of dowry have been inherently unbelievable. According to the HC, the demand was “inherently improbable” as the unique complainant (spouse) was affected by AIDS and a divorce
petition was additionally pending between the events.
Terming the HC’s order as “erroneous”, bench of their order stated, “the reasoning given by the HC while quashing the criminal proceedings are not germane and the HC 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 of CrPC. Once the charge sheet was filed, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the HC quashing the criminal proceedings is unsustainable.”
In this case, the husband filed an utility for divorce on the bottom that the spouse is affected by the illness AIDS. The spouse, thereafter, lodged FIR alleging that husband was demanding luxurious automobile by means of dowry. The Allahabad High Court quashed the felony proceedings observing that the grievance lodged towards the husband demand of dowry is inherently unbelievable and that it falls within the class of a bogus prosecution.
NEW DELHI: The Supreme Court has lately noticed that allegations of dowry demand can’t be known as as extremely unbelievable if the spouse is affected by AIDS or the divorce proceedings are pending.“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,” a bench of Justices MR Shah and CT Ravikumar has noticed.
The court docket’s order was handed in a plea difficult Allahabad HC’s May 9, 2019 ruling by which the court docket had quashed the felony proceedings for part 498A/506 of IPC and sections 3/4 of the Dowry Prohibition Act, 1961. The reduction was granted by the HC to the husband after contemplating that the allegations of demand of dowry have been inherently unbelievable. According to the HC, the demand was “inherently improbable” as the unique complainant (spouse) was affected by AIDS and a divorce
petition was additionally pending between the events.
Terming the HC’s order as “erroneous”, bench of their order stated, “the reasoning given by the HC while quashing the criminal proceedings are not germane and the HC 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 of CrPC. Once the charge sheet was filed, it cannot be said that the prosecution was bogus. Under the circumstances, the impugned judgment and order passed by the HC quashing the criminal proceedings is unsustainable.”
In this case, the husband filed an utility for divorce on the bottom that the spouse is affected by the illness AIDS. The spouse, thereafter, lodged FIR alleging that husband was demanding luxurious automobile by means of dowry. The Allahabad High Court quashed the felony proceedings observing that the grievance lodged towards the husband demand of dowry is inherently unbelievable and that it falls within the class of a bogus prosecution.
