Case: Bobbili Ramakrishna Raju Yadav  Vs. State Of A P Rep. By Its Public Prosecutor High Court Of A P Hyderbad A P

is well-settled that power under Section 482 Cr.P.C. should be sparingly exercised in rare cases. As has been laid down by this Court in the case of Madhavrao Jiwajirao Scindia & Ors. vs. Sambhajirao Chandrojirao Angre & Ors., (1988) 1 SCC 692 , that when a prosecution at the initial stage was asked to be quashed, the test to be applied by the Court was as to whether the uncontroverted allegations as made in the complaint prima facie establish the offence. It was also for the Court to take into consideration any special feature which appears in a particular case to consider whether it was expedient and in the interest of justice to permit a prosecution to continue. This was so on the basis that the Court cannot be utilized for any oblique purpose and where in the opinion of the Court chances of an ultimate conviction are bleak and therefore, no useful purpose was likely to be served by allowing a criminal prosecution to continue, the Court may while taking into consideration the special facts of a case also quash the proceedings even though it may be at a preliminary stage. 12. In the light of the well settled principles, it is to be seen whether the allegations in the complaint in the present case and other materials accompanying the complaint disclose the offence punishable under Section 6 of the Dowry Prohibition Act. Marriage of first respondent and Syamala Rani was solemnized in Vizianagaram on 04.05.2007 and the couple was living in Bangalore. Appellants 2 to 6–the parents and sisters of appellant No.1 were living in Vizianagaram. It is the contention of the appellants that there are no allegations in the complaint that the ‘stridhana articles’ were given to appellants 2 to 6 and that they failed to return the same to Syamala Rani. In paras (3) and (4) of the complaint filed by the second respondent, it is alleged that he paid the dowry amount “to the accused and some ‘stridhana articles’ like double cot and other furniture and utensils required to set up a family”. In the complaint, it is vaguely alleged that even after death of deceased-Syamala Rani, the accused started threatening the complainant and that the accused offered to pay an amount of Rs.10,000/- towards full and final settlement. The relevant averments in the complaint in paragraphs (5) and (6) read as under:- “5. The complainant submits that even after the death of the deceased the accused by keeping the dead body on one side, started threatening the complainant and his family members that if they give any report to the police, they will be killed then and there only and they offered to pay an amount of Rs.10,000/- towards full and final settlement. There the complainant, who was in deep shock at the death of his daughter could not answer anything but gave a report to the police.6. The complainant submits that he lead several mediations with the accused through his colleagues, whose names are mentioned below for return of the dowry, but the accused did not return the amount and other amounts, given under different heads. A duty cast upon the accused to return those articles and amount, which were presented as dowry on demand made by the accused. The complainant reserves his right to file a fresh complaint against all the accused for return of the dowry.” By reading of the above, it is seen that there are no specific allegations against appellants 2 to 6 that the dowry articles were entrusted to them and that they have not returned the dowry amount and the articles to Syamala Rani. Equally, there are no allegations that those dowry articles were kept in Vizianagaram and used by appellants 2 to 6 who were separately living away from the couple in Bangalore. Even though complainant has alleged that the dowry amount was paid at the house of the accused at Gajapathinagaram, there are no specific allegations of entrustment of the dowry amount and articles to appellants 2 to 6. 13. Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act. As noticed earlier, after marriage, Syamala Rani and first appellant were living in Bangalore at their matrimonial house. In respect of ‘stridhana articles’ given to the bride, one has to take into consideration the common practice that these articles are sent along with the bride to her matrimonial house. It is a matter of common knowledge that these articles are kept by the woman in connection with whose marriage it was given and used by her in her matrimonial house when the appellants 2 to 6 have been residing separately in Vizianagaram, it cannot be said that the dowry was given to them and that they were duty bound to return the same to Syamala Rani. Facts and circumstances of the case and also the uncontroverted allegations made in the complaint do not constitute an offence under Section 6 of the Dowry Prohibition Act against appellants 2 to 6 and there is no sufficient ground for proceeding against the appellants 2 to 6. Be it noted that appellants 2 to 6 are also facing criminal prosecution for the offence under Sections 498A, 304B IPC and under Sections 3 and 4 of the Dowry Prohibition Act. Even though the criminal proceeding under Section 6 of the Dowry Prohibition Act is independent of the criminal prosecution under Sections 3 and 4 of Dowry Prohibition Act, in the absence of specific allegations of entrustment of the dowry amount and articles to appellants 2 to 6, in our view, continuation of the criminal proceeding against appellants 2 to 6 is not just and proper and the same is liable to be quashed.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]13. Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act. As noticed earlier, after marriage, Syamala Rani and first appellant were living in Bangalore at their matrimonial house. In respect of ‘stridhanagiven to the bride, one has to take into consideration the common practice that these articles are sent along with the bride to her matrimonial house. It is a matter of common knowledge that these articles are kept by the woman in connection with whose marriage it was given and used by her in her matrimonial house when the appellants 2 to 6 have been residing separately in Vizianagaram, it cannot be said that the dowry was given to them and that they were duty bound to return the same to Syamala Rani. Facts and circumstances of the case and also the uncontroverted allegations made in the complaint do not constitute an offence under Section 6 of the Dowry Prohibition Act against appellants 2 to 6 and there is no sufficient ground for proceeding against the appellants 2 to 6. Be it noted that appellants 2 to 6 are also facing criminal prosecution for the offence under Sections 498A, 304B IPC and under Sections 3 and 4 of the Dowry Prohibition Act. Even though the criminal proceeding under Section 6 of the Dowry Prohibition Act is independent of the criminal prosecution under Sections 3 and 4 of Dowry Prohibition Act, in the absence of specific allegations of entrustment of the dowry amount and articles to appellants 2 to 6, in our view, continuation of the criminal proceeding against appellants 2 to 6 is not just and proper and the same is liable to be quashed.