Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Dowry Prohibition Act Non-Compoundable Offences |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973– s.482 – Non- compoundable offences – Power of High Court to quash proceedings – Respondent no.2 alleged that after the marriage proposal of his daughter was finalised with appellant no.1, he started visiting their house frequently and misleading his daughter that now since the marriage is finalised and only ceremony of ‘feras’ remains to be performed, took her for outings on various occasions – One day he induced her to his room and established physical relationship with her – Subsequently, the appellant started making demand of dowry of Rs. 5 Lakh – Complaint made before Mahila Thana – No action taken – On coming to know that appellant no.1’s marriage was settled with some other girl, FIR was lodged u/ss. 493, IPC r/w ss. 3/4, 1961 Act – Appellants challenged the chargesheet u/s. 482, CrPC and alleged that a demand of Rs.10 Lakhs was made from them with a threat to implicate in false case if the demand was not met – Appellant made application u/s.156(3), CrPC against respondent no.2 and his family members – Meanwhile, respondent no.2 made a complaint in Mahila Thana which was later compromised, in view of which the appellants did not press the application u/s. 156(3), CrPC – Petition u/s. 482, CrPC dismissed by High Court – Held: Though the offences in question are non- compoundable but the power of High Court u/s. 482, CrPC to quash the proceedings in such offences is well recognised – Offences for which the appellants are charged are infact offences against society and not private in nature – In such cases, settlement even if arrived at between the complainant and the accused, the same cannot constitute a valid ground to quash FIR or charge sheet – High Court not unjustified in refusing to quash charge sheet on ground of compromise – Further, the allegations made in FIR, only against one of the appellant, cannot be said to constitute any offence u/s. 493, IPC as they do not cull out any inducement of belief in the victim that she is lawfully married to appellant no.1 and on account of this deceitful misstatement, she co-habited with him – Also, there are no allegations in this regard in respect of other five accused-appellants – However, allegations in FIR clearly show that a demand of Rs. 5 Lakhs as dowry was made by appellants from respondent no.2 thus, it can not be said that no offence under the 1961 Act is made out – Charge sheet insofar as s. 493, IPC is concerned stands quashed – However, in respect of charge sheet u/s.3 r/w s.4, 1961 Act, the appeal is dismissed – Dowry Prohibition Act, 1961 – ss. 3,4 & 8(2) – Penal Code, 1860 – s.493. Penal Code, 1860 – s. 493 – Essence of offence under – Discussed. Words & Expressions – “deceit” – Meaning of – Held: Deceit can be said to be a false statement of fact made by a person knowingly and recklessly with the intent that it shall be acted upon by another who on believing the same after having acted thereupon suffers an injury – It is an attempt to deceive and includes such declaration and statement that misleads others or causes him to believe which otherwise is false and incorrect – Penal Code, 1860 – s.493. Dowry Prohibition Act, 1961 – ss. 3 and 4 – Essential ingredients of offence under – Discussed. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2020 INSC 163 |
Petitioner | Arun Singh & Others |
Respondent | State Of U.p. Through Its Secretary & Another |
SCR | [2020] 3 S.C.R. 707 |
Judgement Date | 2020-02-10 |
Case Number | 250 |
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